Legal Opinion
Cooper v. American Airlines, Inc.
Court of Appeals for the Second Circuit
Decided April 25, 1945No. 292PublishedCited by 105 opinions
1Opinion of the Court
FRANK, Circuit Judge.
Under Rule 17(b), as the plaintiff here is suing in “a representative capacity,” her capacity to maintain the suit must “be determined by the law of the state in which the district court is held” which here is New York.
If plaintiff were suing as an ordinary executrix for the benefit of the general estate of the decedent, the answer to the problem would be clear. For the New York courts refuse generally to allow a suit by a personal representative appointed in another state; 3 and plaintiff concedes that §' 130 of the New York Decedent Estate Law, Consol. Laws c. 13, lacks…
2Cases cited20 opinions
- Erie Railroad v. TompkinsSupreme Court of the United States · 1938
- West v. American Telephone & Telegraph Co.Supreme Court of the United States · 1940
- Spector Motor Service, Inc. v. McLaughlinSupreme Court of the United States · 1944
- Meredith v. Winter HavenSupreme Court of the United States · 1943
- Loucks v. . Standard Oil Co.New York Court of Appeals · 1918
15 more not listed; retrieve them via the Exa API.
3Cited by105 opinions
- The Travelers Insurance Company v. 633 Third AssociatesCourt of Appeals for the Second Circuit · 1994
- In Re BROOKLYN NAVY YARD ASBESTOS LITIGATION (Joint Eastern and Southern District Asbestos Litigation)Court of Appeals for the Second Circuit · 1992
- Kevin Ross v. Creighton UniversityCourt of Appeals for the Seventh Circuit · 1992
- Nader v. General Motors Corp.New York Court of Appeals · 1970
- Becker v. Interstate PropertiesCourt of Appeals for the Third Circuit · 1977
100 more not listed; retrieve them via the Exa API.