Newhall v. Turney
Illinois Supreme Court
Nancy J. Turney, as administratrix of John Turney, deceased, brought her action against Newhall and another in debt, upon a note given to “John Turney, administrator of the estate of William Smith, deceased.” I’o this declaration several pleas were filed.
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Nancy J. Turney, as administratrix of John Turney, deceased, brought her action against Newhall and another in debt, upon a note given to “John Turney, administrator of the estate of William Smith, deceased.” I’o this declaration several pleas were filed. The third plea alleged, that the note sued on was delivered to said John Turney in his lifetime, as administrator of William Smith, deceased, in consideration of a sale and delivery of divers goods and chattels of the estate of William Smith, deceased, by-said Turney as such administrator, to said Newhall, at a public sale, by said Turney,…
1Opinion of the CourtTreat, C. J.
The legal interest in the note was in John Turney. The promise was to him personally; the words “administrator of the estate of William Smith,” being descriptive of the person merely. He might have maintained an action thereon in his own name, without describing himself as administrator. He was at liberty to treat the debt as due him in his individual right, and declare upon it accordingly. 1 Chitty’s PI. 23; Talmage v. Chapel, 16 Mass. 71; Biddle v. Wilkins, 1 Peters, 686; Barnes v. Modisett, 3 Blackf. 253; Lacompte v. Sergeant, 7 Missouri, 351. It would seem clearly to follow, that upon the…
2Cases cited5 opinions
- Talmage v. ChapelMassachusetts Supreme Judicial Court · 1819
- Biddle v. WilkinsSupreme Court of the United States · 1828
- Potts ex rel. Wollerton v. SmithSupreme Court of Pennsylvania · 1832
- Barnes v. ModisettIndiana Supreme Court · 1833
- Sheets v. PabodyIndiana Supreme Court · 1842
3Cited by19 opinions
- Michigan Trust Co. v. FerryCourt of Appeals for the Eighth Circuit · 1910
- McLaughlin v. WinnerWisconsin Supreme Court · 1885
- Beach v. PeabodyIllinois Supreme Court · 1900
- Cook v. LewisAppellate Court of Illinois · 1912
- Lucas v. DonaldsonIndiana Supreme Court · 1889
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