Kirkendall v. United States

WHALEY, Chief Justice.

The plaintiff brings this action individually and as administratrix of the estate of James F. Kirkendall. The action is based on an implied contract for the recovery of money appropriated by the defendant under legal forms and applied to the unpaid taxes of another person.

For many years there was solicited through the mails, and otherwise, subscriptions for the prosecution of a claim to collect a large estate supposed to be in England and known as the “Sir Francis Drake Estate.” Promise was held out to those who contributed to receive a return in a thousand fold for each…