Rattoon v. Overacker
New York Supreme Court
THIS was an action of assumpsit. The declaration was on a promissory note made by Moses Craig, deceased, anc* f°r goods sold and delivered, and for the use and occupation of land.
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THIS was an action of assumpsit. The declaration was on a promissory note made by Moses Craig, deceased, anc* f°r goods sold and delivered, and for the use and occupation of land. The defendant pleaded in abatement of the declarabecause Craig died intestate, on the 21st January, r . . . 1 809, and alter his death, to wit, on the 24th Novemher, 1809, administration, &c. was granted to the deUndant and his wife, without this, that the defendant is or ever was executor, &c. and .that he is ready to verify &c. wherefore he prays iudgment of the said bill, and J that the same may be quashed, &c.…
1Per curiam
The plea is good, and the replication ill, because the taking out letters of administration legalized those acts which were tortious at the time. In Vaughan v. Browne, (Str. 1106. and 328.) the court of K. B. laid down this doctrine, that though a person who is sued, as executor de son tort, shall not defeat the suit, by taking out letters of administration pending the suit, because the suit was well commenced; yet that such an administration will legitimate all intermediate acts ab initio, and justify a retainer. This case is very fully reported in And. 328.; and Lord Kenyon, in Curtis v.…
2Cited by16 opinions
- Stuber v. . McEnteeNew York Court of Appeals · 1894
- Bellinger v. FordNew York Supreme Court · 1856
- Head v. SuttonSupreme Court of Kansas · 1884
- Magner v. RyanSupreme Court of Missouri · 1853
- Tweedy v. BennettSupreme Court of Connecticut · 1863
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