Myer v. Cole
New York Supreme Court
THIS was an action of assumpsit-. The declaration contained three counts. The first count was for money paid, &c. goods sold, &c. by the plaintiffs’ testator, to the defendants’ testatrix, in their lifetime, respectively, and the promises alleged to have been made by the defendants’ testatrix to the plaintiffs’ testator. The second count was for work and labour, and the promise laid in the same manner as in the first count.
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THIS was an action of assumpsit-. The declaration contained three counts. The first count was for money paid, &c. goods sold, &c. by the plaintiffs’ testator, to the defendants’ testatrix, in their lifetime, respectively, and the promises alleged to have been made by the defendants’ testatrix to the plaintiffs’ testator. The second count was for work and labour, and the promise laid in the same manner as in the first count. The third count.stated, that the defendants, as executors 'aforesaid, were indebted to the plaintiffs’ testator, in his lifetime, as well for his work and labour, &c.…
1Per curiam
The declaration is clearly bad. The cause of action, stated in the last count, arose after the death of the testatrix, and could not be joined with a cause of action arising in her lifetime. It would require different judgments. The defendants would be personally liable On the cause of action as stated in that count; for the promise is not alleged to have been made by them as executors. They were only named as executors, as a mere des crip tio persona, (Bridgen v. Parkes, 2 Bos. & Pull. 424. Jennings v. Newman, 4 Term Rep. 347. Carter v. Phelps's administrator, 8 Johns. Rep. 440.) That the…
2Cited by23 opinions
- Austin v. . MunroNew York Court of Appeals · 1872
- Chicago Title & Trust Co. v. Corporation of the Fine Arts BuildingIllinois Supreme Court · 1919
- Parker v. . DayNew York Court of Appeals · 1898
- McLaughlin v. WinnerWisconsin Supreme Court · 1885
- Barker v. KunkelAppellate Court of Illinois · 1882
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