Republic of Peru v. Reeves
The Superior Court of New York City
Appeal by Anna S. Reeves, administratrix of Edgar H. Reeves, the defendant deceased, from an order made September 30, 1875, denying her motion to have the action continued against herself as such administratrix. The plaintiff sues as a sovereign state.
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Appeal by Anna S. Reeves, administratrix of Edgar H. Reeves, the defendant deceased, from an order made September 30, 1875, denying her motion to have the action continued against herself as such administratrix. The plaintiff sues as a sovereign state. It claims to have been for the past eighty years and upwards the sole owner of the natural deposits of guano in the Chincha and Gfuanape Islands, and, since 1865, to have carried on the business, through its agents, of exporting it to the United States, and selling it there. This action was brought to perpetually restrain the defendant from…
1Opinion of the Court
By the Court.—Curtis, J.
The only question presented by this appeal is, whether upon the death of a sole defendant after issue joined and before a trial, his administratrix has the right to have the action continued against herself.
The Code, section 121, as interpreted by the courts, does not sustain the claim of the appellant, that by it such a right is conferred (Keene v. La Farge, 1 Bosw. 671 ; Kissam v. Hamilton, 20 How. Pr. 377). The practice, as it was before the adoption of the Code, and as governed by the Revised Statutes, remains in force in this respect. It would be often unjust in a…
2Cases cited5 opinions
- Livermore v. . BainbridgeNew York Court of Appeals · 1872
- Keene v. La FargeThe Superior Court of New York City · 1858
- Kissam v. HamiltonNew York Supreme Court · 1860
- Souillard v. DiasNew York Court of Chancery · 1842
- McDermott v. McGownNew York Court of Chancery · 1845