Dunham v. Grant
Supreme Court of Alabama
Writ of Error to the Circuit Court of Dallas. ' This was an action of assumpsit on a promissory note, by which the defendant below, on the 21st January, 1842, promised to pay twelve months thereafter, to the plaintiff, as administrator of Margaret McCord, deceased, the sum of f 682 88. The defendant pleaded — 1. Non-assumpsit. 2. That the note declared on was made payable to the plaintiff, as administrator of the estate of Margaret McCord, deceased, of which he was such…
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Writ of Error to the Circuit Court of Dallas. ' This was an action of assumpsit on a promissory note, by which the defendant below, on the 21st January, 1842, promised to pay twelve months thereafter, to the plaintiff, as administrator of Margaret McCord, deceased, the sum of f 682 88. The defendant pleaded — 1. Non-assumpsit. 2. That the note declared on was made payable to the plaintiff, as administrator of the estate of Margaret McCord, deceased, of which he was such representative; and was at and after its execution, assets thereof in the plaintiff’s hands; that the same was given in…
1Opinion of the CourtCollier, C. J.
In Caller’s Ex’rx v. Birney’s Adm’rs, Minor’s Rep. 206, it was decided, that an administrator de bo-nis non could maintain an action on a writing payable to his predecessor in his representative character; that as the money when received would be assets of the intestate’s estate, the right of action followed the administration. To the same effect is King and Clarke v. Griffin, use, &c. 6 Ala. R. 387. So it has been held that bonds and notes taken by executors and administrators for property of the estate they respectively represent, are “ held by them not in their own right, but as assets in…
2Cases cited2 opinions
- Harbin v. LeviSupreme Court of Alabama · 1844
- Gayle v. ElliottSupreme Court of Alabama · 1846
3Cited by13 opinions
- Goodman v. WalkerSupreme Court of Alabama · 1857
- Tomkies v. ReynoldsSupreme Court of Alabama · 1849
- Colbert v. DanielSupreme Court of Alabama · 1858
- Van Hoose v. BushSupreme Court of Alabama · 1875
- Brown v. TutwilerSupreme Court of Alabama · 1878
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