Chamberlin v. Spencer
New York Supreme Court
Assumpsit for money had and received by the defenants to the use of the plaintiff, after the death of his intes£a|e an¿ after the plaintiff had taken out letters of administration. The plaintiff sued as administrator for a trover and conversion of the goods of his intestate, recovered judgment, and retained the defendants as attorneys, to bring debt on that judgment.
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Assumpsit for money had and received by the defenants to the use of the plaintiff, after the death of his intes£a|e an¿ after the plaintiff had taken out letters of administration. The plaintiff sued as administrator for a trover and conversion of the goods of his intestate, recovered judgment, and retained the defendants as attorneys, to bring debt on that judgment. They did so, obtained a second judgment, anq collected the money, for the balance of which this ac- , J 7 . „ _ . 1/Y, tion was brought m the name of the plamtiif as admimstrator who recovered, a verdict at the Circuit for #26 63.
1Opinion of the Court
Curia.
The plaintiff might have sued for the money in his own name, and is therefore liable for costs. Goldthwayte and wife v. Petrie, (5 T. R. 234-5,) and Jenkins et ux. v. Plombe, (6 Mod. 91, id. 181, 1 Salk. 207, S. C.) are in point. These cases were fully considered and adopted in Ketchum v. Ketchum, (4 Cowen’s Rep. 87.) The only case against them is Eaves v. Mocato, (1 Salk. 314;) but this has never been acted upon; and there is reason to believe, from the mention of it in Jenkins v. Plume, (id. 207,) that it was wrongly reported; being an action on an insimul computassent; and not, as…
2Cited by3 opinions
- Lynch v. WebsterSupreme Court of Rhode Island · 1891
- Holdrige v. ScottNew York Supreme Court · 1869
- Reynolds v. DamrellSuperior Court of New Hampshire · 1849