Cordier v. Thompson
New York Court of Common Pleas
Appeal from a judgment of the Marine Court of the city of New York, entered upon a decision of the general term of that court, affirming a judgment entered upon a verdict for the plaintiff, rendered at a trial term of that court, and affirming an order of that court overruling a demurrer to the complaint.
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Appeal from a judgment of the Marine Court of the city of New York, entered upon a decision of the general term of that court, affirming a judgment entered upon a verdict for the plaintiff, rendered at a trial term of that court, and affirming an order of that court overruling a demurrer to the complaint. This action was brought by Josephine Cordier, as administratrix of Rosine Cordier, deceased, against Henry Thompson, on the following written contract of guaranty: “ New York, July 20th, 1875.' “ I acknowledge to have received from Miss Rosine Cordier the sum of fifteen hundred dollars, also…
1Opinion of the CourtVan Hoesen, J.
Although the plaintiff does not expressly aver that she brings the action in her capacity as administratrix, and although the addition of the words “ administratrix of the goods and chattels of Rosine Cordier” in the title of the complaint is a mere descriptio persones, I think a fair construction of the pleading shows that the plaintiff sued in her representative character. There is no doubt that a good pleader will never omit to place the word as between the surname of his client and the word administrator whenever he brings suit for the legal representative of an intestate. It has been…
2Cases cited4 opinions
- Barhydt v. . EllisNew York Court of Appeals · 1871
- White v. . JoyNew York Court of Appeals · 1855
- Peets v. BrattNew York Supreme Court · 1849
- Hallett v. HarrowerNew York Supreme Court · 1860
3Cited by3 opinions
- Cass v. ShewmanNew York Supreme Court · 1891
- Donaldson v. NeidlingerCity of New York Municipal Court · 1888
- Kenney v. MasemannNew York Court of Common Pleas · 1888