Talmage v. Chapel
Massachusetts Supreme Judicial Court
The plaintiff declares as administrator of the estate of George Clinton, in debt upon a judgment recovered by him in his said capacity, against the defendants, in the Court of Common Pleas for the county of Oneida, in the state of New York.
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The plaintiff declares as administrator of the estate of George Clinton, in debt upon a judgment recovered by him in his said capacity, against the defendants, in the Court of Common Pleas for the county of Oneida, in the state of New York. The defendants plead in bar, that the parties, at the time of rendering the said judgment, were all inhabitants of the state of New York, and that the plaintiff was appointed administrator in that state, and has not been so appointed within this commonwealth. To which the plaintiff demurred, and the defendants joined in demurrer.
1Opinion of the Court
Curia.
We think the plea in bar bad. The case of Goodwin vs. Jones, cited by the counsel for the defendants, does not apply. The action there was brought for money due to the intestate on a contract made with him ; here the action is on a judgment already recovered by the plaintiff, and it might have been brought by him in his own name, and not as administrator. For the debt was due to him, he being answerable for it to the estate of the intestate; and it ought to be considered as so brought, his style of administrator being merely descriptive, and not being essential to his right to recover.…
2Cited by57 opinions
- Patterson v. . PattersonNew York Court of Appeals · 1875
- Wilkins v. EllettSupreme Court of the United States · 1883
- Biddle v. WilkinsSupreme Court of the United States · 1828
- Lewis v. AdamsCalifornia Supreme Court · 1886
- Higgins v. HalliganIllinois Supreme Court · 1867
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