Swaine v. Hemphill
Michigan Supreme Court
Appeal from Washtenaw; Kinne, J. Bill by Lizzie Swaine, Florence Swaine, and Jessie Swaine, against Robert W. Hemphill to set aside his discharge as administrator of the estate of Frederick J. Swaine, deceased, and for an accounting. From a decree dismissing the bill of complaint, complainants appeal.
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Appeal from Washtenaw; Kinne, J. Bill by Lizzie Swaine, Florence Swaine, and Jessie Swaine, against Robert W. Hemphill to set aside his discharge as administrator of the estate of Frederick J. Swaine, deceased, and for an accounting. From a decree dismissing the bill of complaint, complainants appeal. Complainants are, respectively, the widow and daughters of Frederick J. Swaine, who died intestate on April 14,1897. Deceased had for many years prior to his death been engaged in the malting business in the city of Ypsilanti. Defendant, who was at that time cashier of the Ypsilanti Savings…
1Opinion of the CourtBrooke, J.
(after stating the facts). The record conclusively shows that at the death of Frederick J. *563Swaine, his personal estate amounted to $16,261.01, and that included in this sum were notes of the Ann Arbor Brewing Company for $4,485.79 and note and account of Kolb Bros, for $7,300. Swaine at that time was indebted in the sum of $16,132.14, $10,500 of which he owed to the Ypsilanti Savings Bank. If all the assets of the personal estate had been collectible, they would barely have equaled the liabilities. By carrying on the business for nearly eight years, the Kolb Bros, account was collected in…
2Cases cited10 opinions
- Warren v. . Union Bank of RochesterNew York Court of Appeals · 1898
- Brown v. ForscheMichigan Supreme Court · 1880
- Mattocks v. MoultonSupreme Judicial Court of Maine · 1892
- Ward v. TinkhamMichigan Supreme Court · 1887
- Mathews v. SheehanSupreme Court of Connecticut · 1904
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3Cited by15 opinions
- Broderick v. ReidSupreme Court of Georgia · 1927
- In Re Estate of MillsSupreme Court of Missouri · 1942
- Murphy v. FreemanSupreme Court of Alabama · 1930
- In Re McMillan's EstateNew Mexico Supreme Court · 1934
- Love, Warren & Monroe Co. v. EnnisWashington Supreme Court · 1917
10 more not listed; retrieve them via the Exa API.