Berry & Whitmore Co. v. Dante
Court of Appeals for the D.C. Circuit
Hearing on an appeal by tbe plaintiff from a judgment dismissing' an action against tbe collector of a decedent’s estate, after a demurrer to tbe declaration bad been sustained, the plaintiff having elected not to amend bis declaration.
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Hearing on an appeal by tbe plaintiff from a judgment dismissing' an action against tbe collector of a decedent’s estate, after a demurrer to tbe declaration bad been sustained, the plaintiff having elected not to amend bis declaration. Tbe Court in the opinion stated the facts as follows: Appellant, Berry & Whitmore Company, a corporation, hereafter referred to as plaintiff, brought this action in tbe supreme court of tbe District of Columbia against appellee, William J. Dante, as collector of the estate of Stilson Hutchins, deceased, to recover a debt alleged to be due from Hutchins on…
1Opinion of the CourtJustice Van Orsdel
The judgment below turned upon the single question of the right of plaintiff to maintain this action. It is unnecessary to consider the powers and functions of the variety of special administrators known to the common law. The Maryland act of 1798 superseded the common law in that State, and became the law of this District. Under its provisions, a collector was expressly /forbidden to bring suit to recover debts due the estate, and the act made no provision for suit against him by a creditor of the decedent. This act was modified by the act of Congress of June 18, 1898, in sec. 9 of which it…
2Cases cited9 opinions
- Aiken v. MorseMassachusetts Supreme Judicial Court · 1870
- Tarbell v. ParkerMassachusetts Supreme Judicial Court · 1871
- Robinson v. RobinsonMassachusetts Supreme Judicial Court · 1899
- Baldwin v. MitchellCourt of Appeals of Maryland · 1897
- Guild v. HaleMassachusetts Supreme Judicial Court · 1819
4 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- Clawans v. SheetzCourt of Appeals for the D.C. Circuit · 1937
- American Security & Trust Co. v. BindemanDistrict of Columbia Court of Appeals · 1973