Ormsby v. Chase, 290 U.S. 387 (1933)

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Ormsby v. Chase


No. 101


Argued November 15, 16, 1933
Decided December 11, 1933
290 U.S. 387

CERTIORARI TO THE CIRCUIT COURT OF APPEALS
FOR THE THIRD CIRCUIT

Syllabus

1. Whether a claim for damages survives the death of the wrongdoer is determined by the law of the place of the wrong. P. 388.

2. By the law of New York, a right of action based upon a wrong done there abates with the death of the wrongdoer. Held, an action cannot be maintained in a federal court in Pennsylvania for such a wrong when the action was not commenced until after the death of the wrongdoer. P. 388.

3. The Pennsylvania survival statute (Laws 1921, No. 29, § 35(b)) does not give to the plaintiff on a foreign cause of action any substantive right. P. 389.

4. No question of revivor is involved in this case. P. 389.

65 F.2d 521 reversed.

Certiorari to review a judgment reversing a judgment of the District Court, 3 F.Supp. 680, for the defendant in an action for damages.