Bright v. Currie
The Superior Court of New York City
This was an appeal of two of the defendants from a judgment rendered against them at special term. The plaintiff sued as endorsee of a promissory note, endorsed to him, as administrator of the goods, chattels, &c., of John Bright, deceased, and in his complaint he described himself as such.administrator, but made no proferí of any letters of administration.
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This was an appeal of two of the defendants from a judgment rendered against them at special term. The plaintiff sued as endorsee of a promissory note, endorsed to him, as administrator of the goods, chattels, &c., of John Bright, deceased, and in his complaint he described himself as such.administrator, but made no proferí of any letters of administration. The defendants, Currie, the makers of the note, demurred to the complaint, upon the grounds that it did not appear that the plaintiff was administrator, under, or by virtue of any power or authority, granted by any court or officer in the…
1Opinion of the CourtPaine, J.
In this case the plaintiff declared as administrator upon a promissory note endorsed to him as such administrator, but did'not make proferí of his letters of administration. For this cause the defendant. demurred to the complaint. At the special term judgment was ordered upon the demurrer as frivolous, and the defendant appeals.
Upon the argument the plaintiff resisted the demurrer, principally upon the ground, that the allegations in the complaint that the plaintiff owned and sued upon the note as administrator, and demanded judgment upon it as such, were only by way of description, and might…
2Cases cited2 opinions
- Talmage v. ChapelMassachusetts Supreme Judicial Court · 1819
- Robinson v. ClandallNew York Supreme Court · 1832
3Cited by9 opinions
- Newberry v. RobinsonU.S. Circuit Court for the District of Southern New York · 1888
- Merritt v. SeamanNew York Court of Appeals · 1852
- Ray v. Fairfield County Trust Co.New York Supreme Court · 1959
- Bien v. HellmanThe Superior Court of the City of New York and Buffalo · 1893
- Bien v. HellmanThe Superior Court of New York City · 1893
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