Reynolds v. Reynolds
New York Supreme Court
Demurrer to declaration. The declaration is in assump- . . ± sit, and contains seven counts. The first six counts charge intestate to have been indebted, in his lifetime, to the plaintiff; the seventh is on an account stated by the defendant, as administrator with the plaintiff, “ of and concerning divers other sums of money from the said defendant,
1Opinion of the Court
By the Court,
Savage, Ch. J.
The declaration contains seven counts, all of which are admitted to be good, and to charge the defendant in his representative character, except the last, which, it is alleged, charges him in his individual capacity ; and it is urged that, as the counts require different judgments, they cannot be joined in the same declaration.
It is well settled that if the counts be such as require different judgments, they cannot be joined : a judgment npon counts charging the defendant as administrator must be de bonis intestatoris; whereas upon a count charging the defendant…
2Cited by22 opinions
- Austin v. . MunroNew York Court of Appeals · 1872
- Ferrin v. . MyrickNew York Court of Appeals · 1869
- Wetmore v. . PorterNew York Court of Appeals · 1883
- Schutz v. . MoretteNew York Court of Appeals · 1895
- Parker v. . DayNew York Court of Appeals · 1898
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