Schutz v. . Morette
New York Court of Appeals
Appeal from judgment of the General Term- of the Supreme Court in the first judicial department, entered upon an order made November 19, 1894, which affirmed an interlocutory judgment in favor of plaintiff entered upon an order of Special Term overruling a demurrer to the complaint.
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Appeal from judgment of the General Term- of the Supreme Court in the first judicial department, entered upon an order made November 19, 1894, which affirmed an interlocutory judgment in favor of plaintiff entered upon an order of Special Term overruling a demurrer to the complaint. The complaint in this action in substance alleged that Margaretha Metzger died leaving a will which was duly proved in the county of New York, where she resided, and that, letters testamentary were issued to the defendant, Joseph Morette; that on or about December 5, 1892, said defendant caused notice to creditors…
1Opinion of the Court
Andrews, Oh. J.
The authorities establish that an executor or administrator may state an account of dealings of the testator or intestate, and that an action or an ioisimul computassent may be maintained against him in his representative character to recover a claim ascertained and adjusted on such accounting. (Segar v. Atkinson, 1 H. Bl. 103; Ashby v. Ashby, 7 B. & C. 444.) When the account relates to transactions between the executor or administrator and another party, upon claims not existing at the death of the decedent, although they grow out of matters connected with administration, the…
2Cases cited7 opinions
- Marie v. . GarrisonNew York Court of Appeals · 1880
- Lockwood v. . ThorneNew York Court of Appeals · 1858
- Butler v. . JohnsonNew York Court of Appeals · 1888
- Bloodgood v. . BruenNew York Court of Appeals · 1853
- Thompson v. PeterSupreme Court of the United States · 1827
2 more not listed; retrieve them via the Exa API.
3Cited by54 opinions
- Chisholm-Ryder Co. v. Sommer & SommerAppellate Division of the Supreme Court of the State of New York · 1980
- Frick v. KabakerSupreme Court of Iowa · 1902
- Berwin v. LevensonMassachusetts Supreme Judicial Court · 1942
- In re the Judicial Settlement of the Account of WhitcherAppellate Division of the Supreme Court of the State of New York · 1930
- Chinn v. LewinCourt of Appeals for the D.C. Circuit · 1926
49 more not listed; retrieve them via the Exa API.