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1 Aycinena v. Yard. Plaintiff's Statement of the Case 1835

handle is hein.trials/acml0001 and id is 1 raw text is: AYCINENA t,. YARD. Plaintiff's Statement of the Case. The action was brought by Mariano de Aycinena, executor of Juan Fermin de Aycinena, against Mrs. Anne Frelinghuy- sen, Executrix of James Yard; and on the death of the executrix, pending the suit, Adolphus Peries, administrator with the will annexed, of Mr. Yard, was substituted as defen- dant. The plaintiff's claim was for money paid and services ren- dered by Juan Fermin de Aycinena, to James Yard, in his life-time, as his agent. The narr. conltains the common and money counts in assumpsit, and also counts of the same nature to cover some trifling expenditures made by the plaintiff himself as executor. The plaintiff's claim was not for money paid or services rendered by the Marquis Vicente de Aycinena, (who preceded Juan Fermin in the agency for Mr. Yard) nor was it so open- ed by his counsel. Nor was any part of the claim abandoned on the trial; but the plaintiff's counsel proposed at the trial, to the counsel for the defendant, that to avoid a second suit, the claim of the .Marquis de Aycinena should, by consent be embraced in the present suit-the plaintiff undertaking that a full release should be given by the proper representative of the Marquis de Aycinena. This, however, the defendant's counsel declined.

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