Tucker v. Grace
Supreme Court of Arkansas
Appeal from Jefferson Circuit Court. John M. Eeeiott, Judge. STATEMENT BY THE COURT. John W. Tucker, administrator of the estate of S. D. Morrow, employed W. P. & A. B. Grace, attorneys at law, to commence and prosecute an action for damages against a railway company for causing the death of said Morrow. The result of the action thus brought was a judgment against the railway company for the sum of twenty-five hundred dollars.
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Appeal from Jefferson Circuit Court. John M. Eeeiott, Judge. STATEMENT BY THE COURT. John W. Tucker, administrator of the estate of S. D. Morrow, employed W. P. & A. B. Grace, attorneys at law, to commence and prosecute an action for damages against a railway company for causing the death of said Morrow. The result of the action thus brought was a judgment against the railway company for the sum of twenty-five hundred dollars. The company paid the amount of the judgment to Tucker, and this action was afterwards brought by said attorneys to recover of Tucker five hundred dollars as a fee for…
1Opinion of the Court
Riddick, J.,
Power of administrator to bind estate by contract.
(after stating the facts). It is con- ■ tended by the appellant that he is not personally liable upon his contract employing appellees to prosecute the action against the railway company. But an administrator has no power to enlarge, by his contract, the liability of the estate that he represents. Whether he contracts as an administrator or not, it is his own undertaking, and not that of the decedent, and he incurs a personal liability. An attorney employed by the administrator of an estate has no claim against the estate, although…
2Cases cited3 opinions
- In re Estate of PageCalifornia Supreme Court · 1881
- Reynolds v. Canal & Banking Co.Supreme Court of Arkansas · 1875
- Bomford v. GrimesSupreme Court of Arkansas · 1856
3Cited by18 opinions
- Henley v. StateTennessee Supreme Court · 1897
- Corcoran v. BellWashington Supreme Court · 1904
- Brown v. QuintonSupreme Court of Kansas · 1909
- Carpenter v. HazelSupreme Court of Arkansas · 1917
- Griggs v. NadeauCourt of Appeals for the Eighth Circuit · 1915
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