Murray v. Hendrickson

6 Abb. Pr. 96, 1 Bosw. 635

Opinion

Bosworth, J.

As the plaintiff sued in his own right, without alluding in the complaint to his representative character, section 817 of the Code does not apply. To be entitled to the immunities provided by that section; he must come before the court in a character which it protects, and seek to recover in that character. (9 Wend., 486.)

Motion denied, with $7 costs.