Worthington v. McRoberts
Supreme Court of Alabama
Error to the Circuit Court of Benton. The action is brought by the plaintiff in error, on two promissory notes for $1,500, as administrator of Robert Porter. The declaration avers, that the notes sued on, were executed by the defendants, payable to the administrator of the estate of Robert Porter, deceased.
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Error to the Circuit Court of Benton. The action is brought by the plaintiff in error, on two promissory notes for $1,500, as administrator of Robert Porter. The declaration avers, that the notes sued on, were executed by the defendants, payable to the administrator of the estate of Robert Porter, deceased. That at the time of the execution of the notes, the plaintiff, and one Christopher C. Porter, were administrators of the estate of Robert Porter, and the promissory notes delivered to them by the makers. That after-wards, and before the commencement of this suit, Christopher C. Porter…
1Opinion of the CourtOrmond, J.
— In Harbin v. Levi, 6 Ala. 399, it was held, that where a contract was made with an administrator as such, no proferí of his letters was necessary in a suit upon the instrument, because the party had admitted his right to sue, by making the contract with him in that capacity. In this case, the contract was not made with the plaintiff as administrator, or rather, it does not appear on the face of the contract, that it was so made, it was therefore necessary for the plaintiff to aver the fact in his declaration, and make proferí of his letters of administration, though the omission would be…
2Cases cited4 opinions
- Harbin v. LeviSupreme Court of Alabama · 1844
- Lightfoot v. Doe, on the Demise of the Heirs of LewisSupreme Court of Alabama · 1840
- Bonner v. Greenlee's HeirsSupreme Court of Alabama · 1844
- Copewood v. Taylor's adm'rSupreme Court of Alabama · 1838
3Cited by5 opinions
- Gillespie v. BattleSupreme Court of Alabama · 1849
- Moseley's Adm'r v. MastinSupreme Court of Alabama · 1861
- Hickson v. LingoldSupreme Court of Alabama · 1872
- Enzor v. RushtonAlabama Court of Appeals · 1915
- Sorrell v. CraigSupreme Court of Alabama · 1849