Hall, Weeks & Co. v. Darrington
Supreme Court of Alabama
Error to the Circuit Court of Clarke. Assumpsit by J. Hall, Weeks &. Co. against Harrington, as the administrator of one Mattison, upon promises of the intestate in his lifetime. The defendant, with other pleas, pleaded the statute of limitations; to which the plaintiff replied a subsequent promise by the administrator within six years.
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Error to the Circuit Court of Clarke. Assumpsit by J. Hall, Weeks &. Co. against Harrington, as the administrator of one Mattison, upon promises of the intestate in his lifetime. The defendant, with other pleas, pleaded the statute of limitations; to which the plaintiff replied a subsequent promise by the administrator within six years. At the trial, the plaintiffs put in evidence tending to prove the account sued for was made in 1835; that the intestate died in 1836, and that on the 5th of May, 1838, the defendant, as administrator, paid the plaintiff one hundred dollars, on the account, and…
1Opinion of the CourtGoldthwaite, J.
In Caruthers v. Mardis’ adm’r, 3
Ala. Rep. 599, the action was against two administrators, and we held the promise of one to pay the debt, was not sufficient to prevent the operation of the statute of limitations. The reason given in the books is, that one administrator has not the power to bind those connected in the administration so as to make them responsible for a devastavit. It is a mistake to suppose the case of Tulluck v. Dunn, R. & M. 416, is the only one in which this doctrine is recognized. In Elwell v. Quash, Strange, 20, one of three executors gave a warrant 'of attorney to…
2Cases cited1 opinion
- Caruthers v. Mardis' adm'rsSupreme Court of Alabama · 1842
3Cited by6 opinions
- Pharis v. LeachmanSupreme Court of Alabama · 1852
- Scott v. WareSupreme Court of Alabama · 1879
- Pollard v. Scears' Adm'r.Supreme Court of Alabama · 1856
- Townes v. FergusonSupreme Court of Alabama · 1852
- Rogers v. GrannisSupreme Court of Alabama · 1852
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