COOPER v. AMERICAN AIRLINES

No. 292.

149 F.2d 355 (1945)

COOPER v. AMERICAN AIRLINES, Inc.

Circuit Court of Appeals, Second Circuit.

April 25, 1945.


Attorney(s) appearing for the Case

Samuel L. Sargent, of New York City (Joseph A. Fagnant, of New York City, of counsel), for plaintiff-appellant.

Everett W. Bovard, of New York City, for defendant-appellee.

Before L. HAND, CHASE and FRANK; Circuit Judges.


FRANK, Circuit Judge.

Under Rule 17(b), as the plaintiff here is suing in "a representative capacity," her capacity to maintain the suit must "be determined by the law of the state in which the district court is held" which here is New York.

If plaintiff were suing as an ordinary executrix for the benefit of the general estate of the decedent, the answer to the problem would be clear. For the New York courts refuse generally to allow a suit by a personal representative...

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