Pfeifer v. Badenhop

The opinion of the court was delivered by

Parker, J.

The 'question whether defendant could be charged in the same suit in both his individual and representative capacity was not raised below, if there had been one claim against defendant, individually, and another against him as representing an estate, the joinder would have been improper, for reásons given in Terhune v. Bray, 16 N. J. L. 53, and Mailley v. Elliott, 80 Id. 70. The same reasoning would apply to a single claim against him in both capacities,, as in the case at bar, where the state of demand contains only one count. The probable…