Harrell v. Harrell
Supreme Court of Georgia
Complaint. Before Judge Littlejohn. Webster superior court. October 3, 1904. Mrs. Lizzie Harrell brought suit against the administrator of the estate of D. B. Harrell, upon two promissory notes, each signed by D. B. Harrell, one for $500, payable to John Harrell or order, and the other for $1,000, payable to the order of the plaintiff.
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Complaint. Before Judge Littlejohn. Webster superior court. October 3, 1904. Mrs. Lizzie Harrell brought suit against the administrator of the estate of D. B. Harrell, upon two promissory notes, each signed by D. B. Harrell, one for $500, payable to John Harrell or order, and the other for $1,000, payable to the order of the plaintiff. She alleged, that she was the widow of John Harrell, who died intestate leaving no descendants, that there were no unpaid debts owing by him, and that therefore she was the owner and holder of the note payable to her husband. The defendant filed an answer in…
1Opinion of the CourtCobb, J.
So far as the verdict relates to the note for $1,000, payable to the plaintiff, the evidence demanded a finding in her favor. But the evidence neither required nor authorized a finding in the plaintiff’s favor as to the $500 note payable to John Harrell. The general rule is that the right to recover upon a. chose in action payable to a person since deceased is in the legal representative of the estate of such person. One exception to this rule is where a husband dies intestate, leaving no lineal heirs, in which case the law allows his widow to pay the debts due by his estate and take…
2Cases cited1 opinion
- Israel v. WolfSupreme Court of Georgia · 1897
3Cited by3 opinions
- Hastings v. RathboneSupreme Court of Iowa · 1922
- Hadden v. StevensSupreme Court of Georgia · 1935
- Horn v. GilleySupreme Court of Georgia · 1993