Robbins v. Horgan
Massachusetts Supreme Judicial Court
Appeal, by the administrator of the estate of Joseph H. Horgan, from a decree of the Probate Court disallowing certain payments made by him to or under the order of one George A. Smythe and charging the administrator with such amounts with interest. The respondents were the heirs at law and next of kin of Horgan, all living in Ireland.
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Appeal, by the administrator of the estate of Joseph H. Horgan, from a decree of the Probate Court disallowing certain payments made by him to or under the order of one George A. Smythe and charging the administrator with such amounts with interest. The respondents were the heirs at law and next of kin of Horgan, all living in Ireland. The case was heard by Morton, J., who made the following memorandum of decision: “ The appellant, Robbins, was duly appointed administrator of the estate and duly qualified by giving bonds as such. Thereupon he became bound to administer the estate according to…
1Opinion of the CourtHammond, J.
The crucial question is: Was the payment to Smythe the agent a payment to his principals ? Smythe’s only authority to receive the money was under the power of attorney. Under that power he was a joint agent with Walker. They were private agents as distinguished from public agents. They were not partners in business, nor did they have any interest in the fund to which their principals were entitled. They were mere agents having only a bare authority, and both constituted one agent and neither was a complete agent by himself. In the language of Coke they “ had but a mere and bare authority and…
2Cases cited2 opinions
- Hawley v. . KeelerNew York Court of Appeals · 1873
- Towne v. JaquithMassachusetts Supreme Judicial Court · 1809
3Cited by5 opinions
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- Dorsey v. StrandWashington Supreme Court · 1944
- Supreme Lodge, New England Order of Protection v. SylvesterSupreme Judicial Court of Maine · 1917
- Trustees of German Evangelical Lutheran St. John's Congregation v. Merchants National BankSupreme Court of Minnesota · 1917
- JamesMassachusetts Land Court · 1903