Legal Opinion

Sheldon v. Hoy

New York Supreme Court

Decided March 15, 1855PublishedCited by 5 opinions

Johnson, Welles, and T. R. Strong, Justices. Appeal from order at special term overruling a demurrer. The amended complaint in this action was as follows :— “ Monroe County, ss :—Stephen S. Sheldon, administrator of the goods, chattels, and credits of Job Phelps, late of Clark-son, deceased, plaintiff in this action, complains of James Hoy, defendant in this action, for this, to wit: That on the first day of September, 1851, at the town of Clarkson, in the county of Monroe,…

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Johnson, Welles, and T. R. Strong, Justices. Appeal from order at special term overruling a demurrer. The amended complaint in this action was as follows :— “ Monroe County, ss :—Stephen S. Sheldon, administrator of the goods, chattels, and credits of Job Phelps, late of Clark-son, deceased, plaintiff in this action, complains of James Hoy, defendant in this action, for this, to wit: That on the first day of September, 1851, at the town of Clarkson, in the county of Monroe, Job Phelps, deceased, was possessed, as of his own property, of one bay horse-colt, of the age of four or five years…

1Opinion of the Court

Johnson, Justice.

By the court

The objections relied upon by the defendant’s counsel are those stated in the first, second, and fifth grounds of demurrer.

The first count is for a conversion of the property during the lifetime of the intestate, and the plaintiff can maintain the action for that cause in a representative capacity only. It is Conclusively settled by authority, that a complaint commencing like the present, and containing no other allegations or statement. of fact of the plaintiff’s appointment, does not allege that he is an administrator, or show that he prosecutes in that…

2Cases cited5 opinions

  1. Gillet v. FairchildNew York Supreme Court · 1847
  2. Valentine v. JacksonNew York Supreme Court · 1832
  3. People ex rel. Bailey v. Judges of the Albany Mayor's CourtNew York Supreme Court · 1833
  4. Beach v. KingNew York Supreme Court · 1837
  5. Stanley v. ChappellNew York Supreme Court · 1828

3Cited by5 opinions

  1. Stilwell v. CarpenterNew York Court of Appeals · 1875
  2. Pfeiffer v. RheinfrankAppellate Division of the Supreme Court of the State of New York · 1896
  3. Leihy v. Ashland Lumber Co.Wisconsin Supreme Court · 1880
  4. Schillinger Fire-Proof Cement & Asphalt Co. v. ArnottNew York Supreme Court · 1891
  5. Yardum v. WolfAppellate Division of the Supreme Court of the State of New York · 1898

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