Bunker v. Taylor
South Dakota Supreme Court
Appeal from circuit court, Yankton county. Hon. E. G. Smith, Judge. Action by George V. Bunker aud others, administrators of James V. Bunker, deceased, substituted by order of court in place of Lucy M. Bunker, deceased, against C. B. Taylor and Maris Taylor, on a note. From a judgment for plaintiffs, Maris Taylor appeals. The facts are stated in the opinion. There is no relation of privity at common law between an executor or administrator and an administrator de bonis non.
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Appeal from circuit court, Yankton county. Hon. E. G. Smith, Judge. Action by George V. Bunker aud others, administrators of James V. Bunker, deceased, substituted by order of court in place of Lucy M. Bunker, deceased, against C. B. Taylor and Maris Taylor, on a note. From a judgment for plaintiffs, Maris Taylor appeals. The facts are stated in the opinion. There is no relation of privity at common law between an executor or administrator and an administrator de bonis non. Craves v. Flowers, 51 Ala. 402; 23 Am. Dec. 555; Alsop v. Mather, 8 Conn. 584; Grout v. Chamberlain, 4 Mass. 611; Brown…
1Opinion of the Court
Corson, J.. This was an action originally commenced by Lucy M. Bunker, as executrix of the estate of James V. Bunker, deceased. Since the commencement of the action, the executrix, Lucy M. Bunker, has died, and on motion George V. Bunker, William I. Bunker, and Samuel F. Bunker, administrators of the estate of James V. Bunker, deceased, have been substituted as plaintiffs in place of Lucy M. Bunker, executrix, deceased. The action was brought upon a promissory note executed by C. B. Taylor and Maris Taylor to said James V. Bunker, deceased. On the trial the defendant Maris Taylor moved the…
2Cases cited4 opinions
- Monongahela National Bank v. JacobusSupreme Court of the United States · 1883
- Witte v. KoeppenSouth Dakota Supreme Court · 1899
- Snyder v. FiedlerSupreme Court of the United States · 1891
- Bunker v. TaylorSouth Dakota Supreme Court · 1898
3Cited by4 opinions
- Ekern v. EricksonSouth Dakota Supreme Court · 1916
- Perry v. LebelSupreme Court of Oklahoma · 1937
- Pipkin v. TuerCourt of Appeals of Texas · 1915
- Coughran v. GermainSouth Dakota Supreme Court · 1903