Chatfield Leonard, as Receiver of Curtis A. Barnum, Appellant v. Carlton B. Pierce, Respondent, Impleaded With Others

Summary

The Court affirmed the Appellate Division's order sustaining the demurrer, holding that a defendant named only in his individual capacity cannot be sued for conduct alleged against him solely in his representative capacity as trustee, and that the omission of the trustee designation in the caption does not constitute a pleading defect. Justice Werner dissented, arguing that the other devisees are not necessary parties and that the demurrer should be reversed.