94 N.Y.S. 504
Appellate Terms of the Supreme Court of New York
Decided June 22, 1905
Appellate Terms of the Supreme Court of New York · decided 1905-06-22
<p>Executors—Personal Contracts—Liability as Executor.</p> <p>One cannot be sued as executor on a contract made by him personally.</p> <p>[Ed. Note.—For cases in point, see vol. 22, Cent Dig. Executors and Administrators, §§ 410-419, 1684.]</p>
Relies on Austin v. . Munro
Reversed · Decided 1905-06-22
¶1The 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.
¶2Judgment reversed, with costs, and complaint dismissed, with appropriate costs in the court below and in this court.