Brown v. Motteler

City of New York Municipal Court

Brown v. Motteler

2 N.Y. City Ct. Rep. 439

DecidedMay 15, 1888

StatusPublished

This text of 2 N.Y. City Ct. Rep. 439 (Brown v. Motteler) is published on Counsel Stack Legal Research, covering City of New York Municipal Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Brown v. Motteler, 2 N.Y. City Ct. Rep. 439 (N.Y. Super. Ct. 1888).

Pincite

Opinion

McAdam, Ch. J.

The provision of the Code (§ 1814) declaring that an action by an executor, or administrator, “ upon a cause of action belonging to him in his representative capacity” must be brought by him in that capacity, includes only such causes of. action as accrued [440]*440during the lifetime of the decedent, or are founded on a contract made by him (Buckland v. Gallup, 105 N. Y. 453. See cases cited in Mayo v. Austin, 2 City Ct. 113). An action upon a demand accruing to the personal representative, through a disposition of the funds or property of the estate after the decease of the testator or intestate, may be brought by him in his individual capacity (lb.).

The word “ executor ” in the title of the action may be regarded as surplusage (45 N. Y. Super. Ct. 517; 1 Hun, 49; aff’d, 58 N. Y. 621; 2 City Ct. 113). The plaintiff is, therefore, entitled to judgment on the demurrer, with costs, and with leave to the defendant to withdraw the demurrer, and answer over on payment, within three days, of $20, the trial fee of an issue of law.

Free access — add to your briefcase to read the full text and ask questions with AI

McAdam, Ch. J.

The provision of the Code (§ 1814) declaring that an action by an executor, or administrator, “ upon a cause of action belonging to him in his representative capacity” must be brought by him in that capacity, includes only such causes of. action as accrued [440]*440during the lifetime of the decedent, or are founded on a contract made by him (Buckland v. Gallup, 105 N. Y. 453. See cases cited in Mayo v. Austin, 2 City Ct. 113). An action upon a demand accruing to the personal representative, through a disposition of the funds or property of the estate after the decease of the testator or intestate, may be brought by him in his individual capacity (lb.).

The word “ executor ” in the title of the action may be regarded as surplusage (45 N. Y. Super. Ct. 517; 1 Hun, 49; aff’d, 58 N. Y. 621; 2 City Ct. 113). The plaintiff is, therefore, entitled to judgment on the demurrer, with costs, and with leave to the defendant to withdraw the demurrer, and answer over on payment, within three days, of $20, the trial fee of an issue of law.

Cite This Page — Counsel Stack

Bluebook (online)

2 N.Y. City Ct. Rep. 439, Counsel Stack Legal Research, https://law.counselstack.com/opinion/brown-v-motteler-nynyccityct-1888.

Opinion

Related

Cite This Page — Counsel Stack