Gunn v. Hodge
Mississippi Supreme Court
In error from the Circuit Court of Clarke county. Hon. John Watts, judge. The plaintiff in error sued the defendant in error in the court below, upon a promissory note made payable to him, “ as administrator of William Watt, deceased.” The defendant pleaded that the plaintiff had no title to the note, by reason of his final discharge from the administration of' that estate, before the commencement of the suit.
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In error from the Circuit Court of Clarke county. Hon. John Watts, judge. The plaintiff in error sued the defendant in error in the court below, upon a promissory note made payable to him, “ as administrator of William Watt, deceased.” The defendant pleaded that the plaintiff had no title to the note, by reason of his final discharge from the administration of' that estate, before the commencement of the suit. To this plea the plaintiff filed his demurrer, which the court sustained; and he failing to reply, judgment final was rendered for the defendant. And thereupon the plaintiff sued out…
1Opinion of the CourtHandy, J.
The substance of the plea in this case is, that the plaintiff had no legal interest in the note sued on, because' as administrator he had made a final settlement with the Probate Court, and had been discharged.
The note was payable to the plaintiff as administrator, it is true. But the addition of “ administrator,” was a mere description of the character in which he, as an individual, held the legal title. He was accountable for the note to the distributees, but he had the *320right to enforce its collection in his private capacity, subject to whatever claim at law or in equity the parties…
2Cases cited1 opinion
- Falls v. WilsonCourt of Appeals of Mississippi · 1852