18 Jones & S. 198
The Superior Court of New York City
Decided March 3, 1884
The Superior Court of New York City · decided 1884-03-03
Appeal by plaintiff from judgment, dismissing complaint, entered upon findings at special term. Action to recover from the defendant, in her representa-. tive capacity, a certain sum alleged to have been dué to the plaintiff from William Ryle in his lifetime by virtue of a contract made between said Ryle and plaintiff. The defendant was charged in the complaint in her capacity as executrix of said Ryle’s estate, by appointment of the surrogate of Passaic county, New Jersey.
Decided 1884-03-03
¶1This was an action against a foreign executrix. The plaintiff did not allege nor was there proof that the defendant had brought into this state, assets of the' estate. This court was without jurisdiction to enforce any liability of the defendant, as executrix. This concerned the power of the court and not the person of the defendant.
¶2Judgment affirmed, with costs.