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MARTIN v. TALCOTT

1 A.D.2d 679 (1955)

Isabelle Martin, Appellant, v. James Talcott, Jr., et al., as Trustees under The Will of James F. Talcott, Deceased, Respondents

Appellate Division of the Supreme Court of the State of New York, Second Department.

December 12, 1955

Judgment reversed and new trial granted, with costs to appellant to abide the event.

In New Jersey, where the accident happened, as in New York, where the action was brought, trustees are liable for torts in their individual, and not in their representative capacity. (Boyle v. Nolan, 123 N. J. L. 365; Kirchner v. Muller, 280 N.Y. 23.) It has been held in New Jersey that, where a trustee is sued only in his representative capacity, the complaint must...

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