Merritt Hull, Appellant v. John Hull, Jr.

Summary

The Court held that the plaintiff’s complaint, while stating a contractual relationship, was barred by the former adjudication of the executor’s Surrogate’s Court account; the third separate defense was sufficient as a bar, the seventh and eighth defenses were sufficient as defenses but their counterclaims were not of the character required by §501, and the counterclaims in John Hull, Jr.’s answer were improper. The appellate court modified the lower court’s judgment, striking the prior language and directing dismissal on the merits against John Hull, Jr., while overruling the demurrers to the other defenses.