Beach v. King
New York Supreme Court
Demurrer to plea. The plaintiff declared on the common money counts. The defendant pleaded that the plaintiff’s right to the money mentioned in the declaration, if any-, is as one of the next of kin of Nicholas Beach, deceased, that he the defendant was duly appointed administrator of goods, &c., of the said Nicholas Beach, and that the plaintiff had not before the commencement of the suit executed a bond with sufficient sureties to indemnify the defendant, and to refund,…
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Demurrer to plea. The plaintiff declared on the common money counts. The defendant pleaded that the plaintiff’s right to the money mentioned in the declaration, if any-, is as one of the next of kin of Nicholas Beach, deceased, that he the defendant was duly appointed administrator of goods, &c., of the said Nicholas Beach, and that the plaintiff had not before the commencement of the suit executed a bond with sufficient sureties to indemnify the defendant, and to refund, &c. To this plea the plaintiff demurred, assigning for special causes that it is not alleged in the plea that letters of…
1Opinion of the Court
By the Court,
Bronson, J.
The exceptions taken to the plea are, 1. It ia not alleged that letters of administration were granted to the defendant nor any letters of administration brought into court; and 2. It does not appear by whom the defendant was appointed administrator, nor whether he was appointea under the laws of this state.
The defendant can not be administrator, unless letters of administration of goods, chattels, and credits of the intestate, has been granted to him by one of the surrogates of this state (2 R. S. 73, § 23, 24). The proper mode of pleading the fact, is by a direct…
2Cited by15 opinions
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