Hurst v. Hyde
Supreme Court of Louisiana
-appeal from the court op probates for the parish and city of NEW-ORLEANS. The plaintiff in this case avers that he purchased of J. H. P. Hyde, testamentary executor of William W. McDonough, at New-Orleans, a raft of ash timber, containing one hundred and ninety-nine cords of firewood, sold as belonging to the estate of McDonough, for which raft he paid Hyde the stipulated price; that Mr. McDonough died, leaving a will which has been proved, by which the said Hyde is…
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-appeal from the court op probates for the parish and city of NEW-ORLEANS. The plaintiff in this case avers that he purchased of J. H. P. Hyde, testamentary executor of William W. McDonough, at New-Orleans, a raft of ash timber, containing one hundred and ninety-nine cords of firewood, sold as belonging to the estate of McDonough, for which raft he paid Hyde the stipulated price; that Mr. McDonough died, leaving a will which has been proved, by which the said Hyde is appointed testamentary executor. That Hyde has received letters testamentary; that subsequently to the purchase aforesaid, one…
1Opinion of the Court
- Mathews, J.,
delivered the opinion of the court.
In this case the plaintiff claims damages from the estate of the deceased in consequence of the loss of a raft of ash logs, which was sold to him by Hyde, in the capacity of curator, and which was afterwards recovered from the purchaser at the suit of one Zobriska, as having the best right to the property. The judgment rendered against the defendant in the court below, is for the sum of eight hundred six dollars and sixty cents. From this he appealed.
This is, in truth, a judgment against the estate of the testator, or the Court of Probates is…
2Cited by3 opinions
- Fourniquet v. PerkinsSupreme Court of the United States · 1849
- Calmes v. CarruthSupreme Court of Louisiana · 1846
- Waterhouse v. BourkeSupreme Court of Louisiana · 1859