Willis v. . Sharp
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court iu the second judicial department, entered upon an order made February 15, 1887, which affirmed a judgment in favor of plaintiffs, overruling a demurrer to the complaint. This action was brought against defendant as executor of the will of his deceased wife, to recover for goods alleged to have been sold and delivered to him as such. The facts are sufficiently stated in the opinion.
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Appeal from judgment of the General Term of the Supreme Court iu the second judicial department, entered upon an order made February 15, 1887, which affirmed a judgment in favor of plaintiffs, overruling a demurrer to the complaint. This action was brought against defendant as executor of the will of his deceased wife, to recover for goods alleged to have been sold and delivered to him as such. The facts are sufficiently stated in the opinion. Plaintiffs could not maintain their action in a court of law. (Reynolds v. Reynolds, 3 Wend. 244; Ferrin v. Myrick, 41 N. Y. 315, 322; 53 Barb. 76;…
1Opinion of the CourtAndrews, J.
The defendant demurred to the complaint on the ground that it did not state facts sufficient to constitute a cause of action. This presents solely the question whether, upon the facts stated, a case was made for legal or equitable relief against the estate which he represents. The question whether other parties interested in the estate, either as creditors or as legatees or devisees, should have been joined as defendants does not arise. They will not be concluded except so far as the executor may be deemed to represent their interests, and the defendant, not having taken any objection on the…
2Cases cited1 opinion
- Austin v. . MunroNew York Court of Appeals · 1872
3Cited by94 opinions
- Frost v. ThompsonMassachusetts Supreme Judicial Court · 1914
- O'Brien v. . JacksonNew York Court of Appeals · 1901
- Whiting v. . Hudson Trust Co.New York Court of Appeals · 1923
- Pearce v. PearceSupreme Court of Alabama · 1917
- Ferris v. Van Ingen & Co.Supreme Court of Georgia · 1899
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