New York Court of Appeals

Benjamin H. Austin, Appellants v. John Munro, as Executors

January 30, 187247 N.Y. 360

Summary

The Court affirmed the demurrer, holding that a contract entered into by executors in their representative capacity, even for consideration of services rendered, does not bind the estate and therefore the action cannot be treated as against the estate or the executors personally. The judgment of the lower court was affirmed with costs and leave to amend.