Green v. Dunlop
Appellate Division of the Supreme Court of the State of New York
Appeal by the .defendants, Robert Dunlop and others, from an interlocutory judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Albany on the 21st day of May, 1909, upon the decision of the court, rendered after a trial at the Albany Special Term, overruling the defendants’ demurrers to the complaint, alleging : (1) That the complaint does not state facts sufficient to constitute a cause of action; (2) that causes of…
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Appeal by the .defendants, Robert Dunlop and others, from an interlocutory judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Albany on the 21st day of May, 1909, upon the decision of the court, rendered after a trial at the Albany Special Term, overruling the defendants’ demurrers to the complaint, alleging : (1) That the complaint does not state facts sufficient to constitute a cause of action; (2) that causes of action are improperly joined therein. The farm which plaintiff’s intestate held under warranty deed from Jessie Dunlop…
1Opinion of the Court
Kellogg, J.:
■ The cause of action created by section 1843 of the Code of Civil Procedure against the heirs or devisees to recover an indebtedness, existing against the person from whom they acquired the propérty can only be maintained against the direct heirs and devisees, and cannot be maintained against the heirs or devisees of such heirs or devisees. (Rogers v. Patterson, 79 Hun, 483; affd., 150 N. Y. 560.) The complaint, therefore, does not state .a cause of action -against the heirs bf Elizabeth Lathrop, nor against any of the defendants on account of their inheritance from Eobert…
2Cases cited10 opinions
- Vrooman v. . TurnerNew York Court of Appeals · 1877
- People v. Equitable Life Assurance Society of United StatesAppellate Division of the Supreme Court of the State of New York · 1908
- O'Connor v. . Virginia Passenger Power Co.New York Court of Appeals · 1906
- Nichols v. . DrewNew York Court of Appeals · 1883
- Mortimer v. ChambersNew York Supreme Court · 1892
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3Cited by2 opinions
- Ehnes v. NolanNew York Supreme Court · 1953
- International Text Book Co. v. FoxAppellate Division of the Supreme Court of the State of New York · 1912