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Schweickert v. Conway

Appellate Division of the Supreme Court of New York, Second Department
Oct 1, 1928
224 App. Div. 846 (N.Y. App. Div. 1928)

Opinion

October, 1928.


Order reversed upon the law, with ten dollars costs and disbursements, and motion granted, with ten dollars costs. The complaint fails to state a cause of action against the defendants in their representative capacity as executors. Where the claim sued upon did not exist at the death of the decedent and the obligation was not incurred by him, but by the executors, although growing out of matters connected with the administration of the estate, the action lies only against the executors personally. ( Schutz v. Morette, 146 N.Y. 137.) Lazansky, P.J., Young, Hagarty, Carswell and Scudder, JJ., concur.


Summaries of

Schweickert v. Conway

Appellate Division of the Supreme Court of New York, Second Department
Oct 1, 1928
224 App. Div. 846 (N.Y. App. Div. 1928)
Case details for

Schweickert v. Conway

Case Details

Full title:WILLIAM P. SCHWEICKERT, Respondent, v. EDWARD C. CONWAY and THE NATIONAL…

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: Oct 1, 1928

Citations

224 App. Div. 846 (N.Y. App. Div. 1928)

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