Thomson v. Smith
Supreme Court of New Hampshire
Bill in Equity. Facts found by the court. In October, 1882, one Wallace was appointed administrator on the estate of James Drummond, late of Dover, and acted as such until his removal by the probate court in October, 1885, when the defendant was appointed 'administrator de bonis non.
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Bill in Equity. Facts found by the court. In October, 1882, one Wallace was appointed administrator on the estate of James Drummond, late of Dover, and acted as such until his removal by the probate court in October, 1885, when the defendant was appointed 'administrator de bonis non. Wallace settled his administration account, and there is now in the hands of the defendant about $800. There are no debts, and no claims against the administrator, except that of the plaintiff stated below. In October, 1883, at the request of Wallace, and for the purpose of collecting, in Nova Scotia, a note for…
1Opinion of the CourtSmith, J.
Wallace, the former administrator of the defendant’s intestate in New Hampshire, having employed the plaintiff to incur the expenditures and render the services for which he seeks to recover in this suit, became personally liable to him, and in a suit against him the judgment would be, not against the goods of the deceased, but against the goods of the representative. He could use the funds of the estate for purposes authorized by law, but could not bind the estate by an executory contract, nor create a liability not founded upon the contract or obligation of the intestate. Fer rin v. Myrick,…
2Cases cited2 opinions
- Austin v. . MunroNew York Court of Appeals · 1872
- Ferrin v. . MyrickNew York Court of Appeals · 1869
3Cited by5 opinions
- Northern Colorado Irrigation Co. v. PouppirtColorado Court of Appeals · 1912
- Northern Colorado Irrigation Co. v. PouppirtColorado Court of Appeals · 1912
- Phinney v. Cheshire County Savings BankSupreme Court of New Hampshire · 1940
- E. A. Strout Farm Agency v. WorthenSupreme Court of New Hampshire · 1923
- Herbert v. SullivanDistrict Court, D. New Hampshire · 1941