Townes v. Ferguson
Supreme Court of Alabama
Error to tbe Circuit Court of Franklin. Tried before the Hon. L. P. Walker. Tbis was an action of assumpsit on a store account, brought by Ferguson, use, &c., against I. S. Helms as Ex’r of Peter Walker, dec’d. - Tbe defendant pleaded, 1. Non Assumpsit; 2. Tbe Statute of limitations of three years. To tbe plea of tbe statute of limitations the plaintiff replied a subsequent promise by the executor, Helms, and the parties joined issue.
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Error to tbe Circuit Court of Franklin. Tried before the Hon. L. P. Walker. Tbis was an action of assumpsit on a store account, brought by Ferguson, use, &c., against I. S. Helms as Ex’r of Peter Walker, dec’d. - Tbe defendant pleaded, 1. Non Assumpsit; 2. Tbe Statute of limitations of three years. To tbe plea of tbe statute of limitations the plaintiff replied a subsequent promise by the executor, Helms, and the parties joined issue. In the progresss of the cause the defendant Helms having died, the plaintiffs in error as his executors were made parties. It appears from the bill of…
1Opinion of the CourtPhelan, J.
Two questions present themselves in this case for our decision; 1. Could Helms, as executor of Walker at the time he used the words to the witness Carter, on being presented with the account, bind the eetate of his testator ? 2. Will these words, rightly interpreted, have that effect.
On the first point, we think it clear that he could bind the estate. He was the sole executor, and as such had the power to bind the estate by his admissions, as has been decided in the case of Hall, Weeks & Co. v. Darrington, 9 Ala. 502. If his admission was binding, then it gave to the plaintiff rights, *150which,…
2Cases cited3 opinions
- Sims v. SimsSupreme Court of Alabama · 1841
- O'Neil v. TeagueSupreme Court of Alabama · 1845
- Hall, Weeks & Co. v. DarringtonSupreme Court of Alabama · 1846
3Cited by7 opinions
- Pearson v. DarringtonSupreme Court of Alabama · 1858
- Bradford v. Spyker's Adm'rSupreme Court of Alabama · 1858
- Starke v. WilsonSupreme Court of Alabama · 1880
- Jones v. BaswellSupreme Court of Alabama · 1945
- Pool's v. RelfeSupreme Court of Alabama · 1853
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