New York Court of Appeals
Quin, Adm'r, Against Moore and Others.
June 5, 185715 N.Y. 432
Summary
The Court affirmed the judgment, holding that the administrator may sue under the 1847 statute because the deceased would have had a common law cause of action, that the motion for nonsuit on damages was improper, that the next‑of‑kin witness was competent, and that the next‑of‑kin’s interest is assignable. The decision rests on statutory language and established principles of administration.