Pugsley v. Aikin
New York Supreme Court
Appeal by the defendant from a judgment rendered at a special term of the court. The complaint alledged that, on the 1st day of April, 1838, Gerard W. Morris and Henry Morris were owners, as,tenants in common with L’Amoureux and others, of a farm in Greenbush, each of them owning one-twentieth part thereof.
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Appeal by the defendant from a judgment rendered at a special term of the court. The complaint alledged that, on the 1st day of April, 1838, Gerard W. Morris and Henry Morris were owners, as,tenants in common with L’Amoureux and others, of a farm in Greenbush, each of them owning one-twentieth part thereof. That previous to that date William Aikin, in his lifetime, hired and rented the said farm of the owners thereof “ for the term of one year and an indefinite period thereafter,” at a rent of $400 a year; that Aikin agreed to pay them, the said Gerard W. and Henry, each $20 per year, for…
1Opinion of the Court
By the Court, Parker, J.
When several causes of action have been improperly united, the remedy is by demurrer. (Code, § 144, sub. 5.) It has long been a well settled rule of law that a cause of action against a testator cannot be joined with a cause of action against his executors personally. (Myer v. Cole, 12 John. 349. Reynolds v. Reynolds, 3 Wend. 244. Gillet v. Hutchinson, 24 Wend. 184. Demott v. Field, 7 Comen, 58.) This rule has not been changed by the code, which authorizes the uniting of different claims against a trustee, by virtue of a contract, or by operation of law, but does not…
2Cases cited3 opinions
- Myer v. ColeNew York Supreme Court · 1815
- Reynolds v. ReynoldsNew York Supreme Court · 1829
- Neil v. AbelNew York Supreme Court · 1840
3Cited by1 opinion
- McCue v. FinckNew York Supreme Court · 1897