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Chambers v. Greenwald

94 N.Y.S. 504 Court N.Y. App. Term Decision date 1905-06-22 English

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p. 504
CHAMBERS v. GREENWALD.
(Supreme Court, Appellate Term.
June 22, 1905.)

Headnote

Executors—Personal Contracts—Liability as Executor.
One cannot be sued as executor on a contract made by him personally.
[Ed. Note.—For cases in point, see vol. 22, Cent Dig. Executors and Administrators, §§ 410-419, 1684.]
Appeal from Municipal Court, Borough of Manhattan, Fourth District.
Action by Bernard Chambers against Nettie Greenwald as administratrix. From a judgment for plaintiff, .defendant appeals.
Reversed.
Argued before SCOTT, P. J., and MacLEAN and DUGRO, JJ.
I. Henry Harris, for appellant.

The contract sued upon was a personal contract on the part of the defendant, and an action will not lie against her as executrix. Austin v. Munroe, 47 N. Y. 360 .

Judgment reversed, with costs, and complaint dismissed, with appropriate costs in the court below and in this court.

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