Campbell's Administrator v. Boggs

The opinion of the court was delivered, in 1855, by

Woodward, J.

— Moses Boggs was constituted the attorney in fact of Rebecca Campbell on the 18th day of August 1835, to receive for her a sum of money due from the estate of her aunt, and the money came into his hands on the 23d day of February 1837.

More than ten years thereafter, this action of assumpsit was instituted by her personal representative, to recover the money so received, and the defence rests on the Statute of Limitations.

An attorney in fact who collects money for his principal is bound to pay it over at once, and his neglect to…