McLaughlin v. Winner
Wisconsin Supreme Court
3. Upon contracts made by an executor or administrator, in the discharge of his duties as such, he is hable personally, and his liability does not depend upon the fact that he has assets in his hands sufficient to discharge the debts so incurred; and the judgment, if any be recovered, is to be satisfied out of his property, and not out of the estate of the deceased.
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3. Upon contracts made by an executor or administrator, in the discharge of his duties as such, he is hable personally, and his liability does not depend upon the fact that he has assets in his hands sufficient to discharge the debts so incurred; and the judgment, if any be recovered, is to be satisfied out of his property, and not out of the estate of the deceased. Exceptions to this general rule depend upon equitable considerations which clearly show that the estate ought to be charged with the payment of the claim, rather than the property of the executor or administrator. APPEAL from the…
1Opinion of the Court
Tayloe, J".
The only material question in tins case is the one raised upon the rejection of all evidence on the part of the defendant tending to prove the allegations of the defense or of the counterclaim. The defensive matter in the answer, if a defense at all, must be held so upon the ground that the facts alleged show a settlement between the plaintiff, as administratrix, as to the money in the defendant’s hands belonging to the estate, and the appropriation of such money in his hands to the payment and satisfaction of his claim against the estate of the intestate.
The allegations in the…
2Cases cited17 opinions
- Patterson v. . PattersonNew York Court of Appeals · 1875
- Ferrin v. . MyrickNew York Court of Appeals · 1869
- Fritz v. ThomasSupreme Court of Pennsylvania · 1836
- Brown v. EvansSupreme Court of Kansas · 1875
- Myer v. ColeNew York Supreme Court · 1815
12 more not listed; retrieve them via the Exa API.
3Cited by14 opinions
- Miller v. TracyWisconsin Supreme Court · 1893
- Estate of ArnebergWisconsin Supreme Court · 1924
- Citizens Savings & Trust Co. v. RogersWisconsin Supreme Court · 1916
- Simons & Son v. ZimmerWisconsin Supreme Court · 1924
- First National Bank v. CollinsMontana Supreme Court · 1896
9 more not listed; retrieve them via the Exa API.