Merritt v. Seaman
New York Supreme Court
Motion to set aside the report of a referee. This was an action of assumpsit. The declaration contained the common money counts, alledging promises to the plaintiff. There was no count on promises to the testator. Annexed to the declaration, was a copy of a promissory note, and a notice that it constituted the only cause of action. The following is a copy of the note.
Read the full summary
Motion to set aside the report of a referee. This was an action of assumpsit. The declaration contained the common money counts, alledging promises to the plaintiff. There was no count on promises to the testator. Annexed to the declaration, was a copy of a promissory note, and a notice that it constituted the only cause of action. The following is a copy of the note. “$878,11. New-York, Sept. 14,1844. One day after date, we promise to pay to the order of C. H. Merritt, Esq. ex’r of est. of John Sampson, eight hundred seventy eight dollars eleven cents, value received, with int. from date.…
1Opinion of the Court
By the Court, Parker, J.
The plaintiff had a right to sue on the note in question in his own name, or as executor of John Sampson deceased. (Mercein v. Smith, 2 Hill, 210. Colby v. *333Colby, 2 New Hamp. Rep. 420. Biddle v. Wilkins, 1 Peters, 686. Mowry v. Adams, 14 Mass. Rep. 327.) In the latter case Chief Justice Parker says, “ It is now settled that when a contract is made with an executor or administrator personally, after the death of the testator or intestate, or where money is received by the person sued, after the death ; in such cases the executor or administrator may sue either in his…
2Cases cited6 opinions
- People v. BodineCourt for the Trial of Impeachments and Correction of Errors · 1845
- Biddle v. WilkinsSupreme Court of the United States · 1828
- Willard v. WarrenNew York Supreme Court · 1837
- Fry v. EvansNew York Supreme Court · 1832
- Mowry v. AdamsMassachusetts Supreme Judicial Court · 1817
1 more not listed; retrieve them via the Exa API.
3Cited by16 opinions
- Ehrlich v. American Moninger Greenhouse Manufacturing Corp.New York Court of Appeals · 1970
- Patterson v. . PattersonNew York Court of Appeals · 1875
- Louisville & Nashville Railroad v. ThorntonSupreme Court of Alabama · 1897
- Paige v. FazackerlyNew York Supreme Court · 1862
- Godbe v. YoungUtah Supreme Court · 1876
11 more not listed; retrieve them via the Exa API.