Adamson v. Hennessy

The opinion of the court was delivered by

Smith, J.:

This is an appeal from an order of the district court reversing an order of the probate court. The probate court held that Charles B. Harling, as executor of the estate of D. Edgington, and his trustee, were indebted to the estate in the sum of $3,200, and interest, in the hands of Harling as executor. From that judgment an appeal was taken to the district court. That court held that Harling in his representative capacity, as well as his trustee, was not liable for the reason that Harling was insolvent and only a common debtor.

The facts are…