McNulta v. Huntington
Appellate Division of the Supreme Court of the State of New York
Appeal by Arabella D. Huntington and others, as executors, etc., of Collis P. Huntington, deceased, from an order of the Supreme Court, made at the Hew York Special Term and entered in the office of the clerk of the county of Hew "York on the 16th day of April, 1901, substituting George E. Spencer in the place and stead of the original plaintiff, and directing that the action be continued in the name of the said George E. Spencer, as plaintiff, and Arabella D. Huntington and…
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Appeal by Arabella D. Huntington and others, as executors, etc., of Collis P. Huntington, deceased, from an order of the Supreme Court, made at the Hew York Special Term and entered in the office of the clerk of the county of Hew "York on the 16th day of April, 1901, substituting George E. Spencer in the place and stead of the original plaintiff, and directing that the action be continued in the name of the said George E. Spencer, as plaintiff, and Arabella D. Huntington and others, as executors, etc., of Collis P. Huntington, deceased, as defendants, and granting leave to said substituted…
1Opinion of the Court
Laughlin, J.:.
The cause of action survived and the action did not abate by the death of the parties. (Code Civ. Proc. § 755; Holsman v. St. John, 90 N. Y. 461.)
Foreign executors or administrators may assign a cause of action,, and an action to enforce the same may be maintained in the courts Of this State by the assignee. (Petersen v. Chemical Bank, 32 N. Y. 21; Guy v. Craighead, 6 App. Div. 463.) Counsel for appellant, while not questioning the doctrine .of these cases, contends, upon the authority of Rogers v. Adriance (22 How. Pr. 97), a. Special Term decision made in 1861 under, section…
2Cases cited4 opinions
- Petersen v. . Chemical BankNew York Court of Appeals · 1865
- Holsman v. . St. JohnNew York Court of Appeals · 1882
- Guy v. CraigheadAppellate Division of the Supreme Court of the State of New York · 1896
- Rogers v. AdrianceThe Superior Court of New York City · 1861
3Cited by2 opinions
- Maas v. German Savings BankAppellate Division of the Supreme Court of the State of New York · 1902
- Scher v. AdamsAppellate Division of the Supreme Court of the State of New York · 1927