Cronan v. Cotting
Massachusetts Supreme Judicial Court
Contract for money received by the defendant to the plaintiff’s use. In the superior court the case was referred to an auditor to hear the parties and state the accounts, whose report showed these facts: The defendant was administratrix of the estate of her bus-band, John G. Cotting, between whom, at the time of his decease in 1862, and the plaintiff, there were unsettled accounts and the plaintiff, shortly after the appointment of the defendant as administratrix, sent to…
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Contract for money received by the defendant to the plaintiff’s use. In the superior court the case was referred to an auditor to hear the parties and state the accounts, whose report showed these facts: The defendant was administratrix of the estate of her bus-band, John G. Cotting, between whom, at the time of his decease in 1862, and the plaintiff, there were unsettled accounts and the plaintiff, shortly after the appointment of the defendant as administratrix, sent to her certain acceptances of Jacob Stan-wood, with directions to apply the proceeds thereof, or such part of such proceeds…
1Opinion of the CourtColt, J.
The delivery of the acceptances to the defendant as security for the payment of a debt due or supposed to be due to the estate of her intestate created an obligation binding upon her personally to pay over to the plaintiff the avails thereof not needed to satisfy such indebtedness. The fact that she described herself as administratrix in a suit upon these securities cannot affect the relations of these parties. She could only bind herself in this transaction. She had no power to bind the estate she represented. The balance of the money collected, after paying the debt due from the plaintiff,…
2Cited by9 opinions
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- Johnson v. HallSupreme Court of Georgia · 1897
- Davis v. KrumMissouri Court of Appeals · 1882
- National Syrup Co. v. CarlsonAppellate Court of Illinois · 1891
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