Winter v. Hite
Supreme Court of Iowa
Appeal from the Jefferson District Court. Rosanna De Prance, the widow of Hugh De' Prance, being the administratrix upon his estate, or the executrix of his will, gave to Solomon Kerns a promissory note for the payment of one hundred dollars, which she signed, “ Rosanna De Prance, executrix of the estate of Hugh De Prance, deceased.” She afterward married Hite.
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Appeal from the Jefferson District Court. Rosanna De Prance, the widow of Hugh De' Prance, being the administratrix upon his estate, or the executrix of his will, gave to Solomon Kerns a promissory note for the payment of one hundred dollars, which she signed, “ Rosanna De Prance, executrix of the estate of Hugh De Prance, deceased.” She afterward married Hite. Suit upon the note was brought by the administrator of the estate of Kerns, against her and her husband, alleging the action to be brought on such a promissory note' signed by her in the above manner. The defendant demurred, for the…
1Opinion of the Court
"Woodward, J.
The action is maintainable in the form in which it is brought. The administratrix is personally responsible. An executor, administrator, or a guardian, cam not give a promissory note which shall be binding as such on the estate he represents, or on his ward." He is individually answerable upon such promises. This has long been well settled law. Thacher v. Dinsmore, 5 Mass. 299; Foster v. Fuller, 6 Mass. 58; Childs v. Monino, 2 Broad. & Bing. 460; 6 Eng. C. L. 200; Hills v. Bannister, 8 Cow. 31; Barker v. Mech. Fire Ins. Co., 3 Wend. 94; Binney v. Plimby, 5 Vert. 500; also, note…
2Cases cited5 opinions
- Thacher v. DinsmoreMassachusetts Supreme Judicial Court · 1809
- Story v. ElliotCourt for the Trial of Impeachments and Correction of Errors · 1827
- Forster v. FullerMassachusetts Supreme Judicial Court · 1809
- Barker v. Mechanic Fire InsuranceNew York Supreme Court · 1829
- Harkins v. EdwardsSupreme Court of Iowa · 1855
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- Hayes v. ShirkIndiana Supreme Court · 1906
- Cohen v. HaydenSupreme Court of Iowa · 1916
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