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12 Abb. Pr. 322

Buckingham v. Andrews

New York Supreme Court

Decided June 15, 1861

New York Supreme Court · decided 1861-06-15

The action was brought on several promissory notes made by the defendant, payable to John Buckingham, executor, etc., of J. M. L. Scovill. These notes were indorsed by John Buckingham as executor.

Decided 1861-06-15

By the Court.

¶1—The plaintiff was not the representative of a deceased person, according to the laws of this State. He could not sue here in a representative capacity, and can only be regarded as the indorsee of the note. The court therefore erred in excluding the witness.

¶2Judgment reversed and new trial ordered; costs to abide event.

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