Barker Place, as Executor v. J. K. Hayward, Respondent

Summary

The New York Court of Appeals reversed the judgment entered by the referee, holding that the referee's dismissal was a nonsuit and that he improperly made findings of fact. The court affirmed that the executor could sue in his representative capacity, that the monies received by the defendant belonged to the estate, and that defenses of ex turpi causa and in pari delicto did not bar the plaintiff's claim.