Luce v. Manchester & Lawrence Railroad
Supreme Court of New Hampshire
Bill in Equity, against the Manchester & Lawrence R. R., Kidder, Peabody & Co., R. L. Day & Co., Foote & French, Benjamin Greene, Warren Sherburne, and Henry C. Sherburne, for the recovery of nineteen shares of Manchester & Lawrence Railroad stock and the dividends upon them. Facts agreed. Lysander A. Ellis, residing at Newton, Mass., died September 13, 1882, being then the owner of nineteen shares of the capital stock of the Manchester & Lawrence Railroad.
Read the full summary
Bill in Equity, against the Manchester & Lawrence R. R., Kidder, Peabody & Co., R. L. Day & Co., Foote & French, Benjamin Greene, Warren Sherburne, and Henry C. Sherburne, for the recovery of nineteen shares of Manchester & Lawrence Railroad stock and the dividends upon them. Facts agreed. Lysander A. Ellis, residing at Newton, Mass., died September 13, 1882, being then the owner of nineteen shares of the capital stock of the Manchester & Lawrence Railroad. October 10, his will was duly proved in Middlesex county, and by its terms Benjamin F. Burgess, of Boston, was appointed executor, and…
1Opinion of the CourtBlodgett, J.
Letters of administration confer no extra-territorial authority as matter of right: hence the power of an executor or administrator is limited to the state or country of his appointment, and being so limited, the general rule is that he cannot sue or defend in his representative capacity in a foreign jurisdiction,— not, however, from want of title to the assets of his decedent situate in such jurisdiction, but because of his personal incapacity to enforce it.
And it is upon this ground of title that it has been so often decided by courts of the highest authority, that, in the absence of…
2Cases cited13 opinions
- Parsons v. . LymanNew York Court of Appeals · 1859
- United States Ex Rel. MacKey v. CoxeSupreme Court of the United States · 1856
- Wilkins v. EllettSupreme Court of the United States · 1870
- Petersen v. . Chemical BankNew York Court of Appeals · 1865
- Doolittle v. LewisNew York Court of Chancery · 1823
8 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Baltimore & O. R. v. EvansCourt of Appeals for the Third Circuit · 1911
- In re the Estate of MillerSupreme Court of Kansas · 1913
- Black Eagle Mining Co. v. ConroySupreme Court of Oklahoma · 1923
- Schmid & Smith v. ShawIndiana Court of Appeals · 1924
- Union Trust Co. v. Pacific Telephone & Telegraph Co.California Court of Appeal · 1916
2 more not listed; retrieve them via the Exa API.