J.B. & J.M. Cornell Co. v. Ward

• Court: U.S. Court of Appeals — Second Circuit
• Citation: J.B. & J.M. Cornell Co. v. Ward, 168 F. 51 (2nd Cir. 1909)
• Decision Date: 16 February 1909
• Docket Number: 191.
• Parties: J. B. & J. M. CORNELL CO., Limited, et al. v. WARD.

168 F. 51

J. B. & J. M. CORNELL CO., Limited, et al. v. WARD.

No. 191.

United States Court of Appeals, Second Circuit.

February 16, 1909

Lemuel Skidmore, for plaintiff in error J. B. & J. M. CorneAT Rose &amp Putzel (Benj. G. Paskus and Sydney Bernheim, of counsel), for plaintiffs in error Boehm and Coon.

I Henry Harris, for defendant in error.

Before LACOMBE, WARD, and NOYES, Circuit Judges.

PER CURIAM.

The accident occurred in the state of New York, the statutes of which state provide that the executor or administrator of a decedent, who has left him or her surviving a husband, wife or next of kin, may maintain an action to recover damages for a wrongful act, neglect, or default by which the death was caused. The damages recovered do not constitute any part of the decedent's estate. They are exclusively for the benefit of such husband or wife or next of kin. Code Civ Proc. N.Y. Secs. 1902, 1903. There is a similar statute in New Jersey. The deceased was a resident of Newark, N.J., and plaintiff was appointed administrator by the surrogate's court in that state. At the time of bringing suit he had not taken out ancillary letters in New York, and no statute of that state gives a foreign administrator, who has not received such an appointment, any right to sue in its courts. It is well settled that an administrator appointed in one state cannot as such maintain an action in another state which has not either by the issue of ancillary letters or by some special provision of statute given him authority so to sue. Noonan v. Bradley, 9 Wall. 394, 19 L.Ed. 757; Dennick v. Central Railway...