M'Mahon v. Allen
New York Court of Common Pleas
This was a motion for leave to file a supplemental complaint, .alleging, among other things, as additional matter to the original • complaint, that, April 26th, 1850, the plaintiff was appointed assignee of Solomon Kipp, trustee, of Ruth S. Harrison, and that, April 22d, 1853, the defendant was appointed executor of John Harrison, deceased.
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This was a motion for leave to file a supplemental complaint, .alleging, among other things, as additional matter to the original • complaint, that, April 26th, 1850, the plaintiff was appointed assignee of Solomon Kipp, trustee, of Ruth S. Harrison, and that, April 22d, 1853, the defendant was appointed executor of John Harrison, deceased. The action was commenced May 7th, 1850, to recover moneys alleged to have been received by the defendant before the 10th of March, 1850, while acting as agent of John Harrison, (now deceased,) executor of Ruth S. Harrison, his wife. Subsequent to the…
1Opinion of the Court
Woodruff, Judge.
The plaintiff herein is prosecuting this suit against the defendant individually, to recover moneys which he alleges the defendant received while acting as the attorney in fact of John Harrison, executor of Ruth S. Harrison, whose estate he claims as administrator dePonis non, &c., and as successor to Solomon Kipp, trustee, &c.
Pending this suit, and on the 22d April, 1853, letters testamentary have been granted to the defendant, upon the will of the said John Harrison, and thereupon the plaintiff commenced a suit against the defendant, as the executor of John Harrison, *44to…
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