Hall v. Pratt
Ohio Supreme Court
This cause was reserved for decision here, in the county of Licking. It was an action of assumpsit, upon promises between the respective intestates. The first cause is upon a note for thirty-five dollars, in grain or pork, given by the intestate of the defendants to the intestate of the plaintiff. The second count is upon a similar note for twenty dollars. The third is the common counts for work and labor, money paid, had, and received, goods sold and delivered, etc.
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This cause was reserved for decision here, in the county of Licking. It was an action of assumpsit, upon promises between the respective intestates. The first cause is upon a note for thirty-five dollars, in grain or pork, given by the intestate of the defendants to the intestate of the plaintiff. The second count is upon a similar note for twenty dollars. The third is the common counts for work and labor, money paid, had, and received, goods sold and delivered, etc. The defendants pleaded the general issue, and gave notice of set-off; and also, that after the decease of the said Abel Jewett,…
1Opinion of the Court
Opinion of the court, by
Judge Wright:
The plaintiff intestate was the promisee of the notes on which the suit is brought, which were given by the defendants’ intestate. The promisoe, in his lifetime, was appointed administrator to his promisor, but never received any assets, and the main question presented is, whether the mere appointment of a debtee administrator of his debtor’s estate, extinguishes the debt.
The granting administration of an estate to one indebted to the intestate, is an extinguishment of the debt. The chose in action becomes converted into a chose in possession, and is…
2Cases cited2 opinions
- Hays v. JacksonMassachusetts Supreme Judicial Court · 1809
- Thomas v. ThompsonNew York Supreme Court · 1807
3Cited by3 opinions
- Pringle v. PringleSupreme Court of Pennsylvania · 1890
- In re Estate of DairHamilton County Probate Court · 1889
- In re Estate of KoonsOhio Court of Appeals · 1938