Rathkopf v. Pearson

The plaintiff's action is for debt on a foreign judgment. The single issue is whether the trial court erred in rendering a summary judgment. The allegations of the substituted complaint as amended and admitted by the defendant's answer are in substance that the plaintiff is the duly qualified executor of the estate of Gertrude S. Pearson by appointment of the Surrogate's Court in the county and state of New York as successor to the defendant, who was removed as executor by that court, and that the plaintiff is duly qualified and