McDonald's Administrator v. McDonald's Creditors
McDonald's Administrator v. McDonald's Creditors
Opinion of the Court
In this case, the assignment of error is so very general, that I find it quite difficult to catch with distinctness the question intended to be presented on the bill of exceptions. The only error assigned is, “ The court below erred as shown by the bill of exceptions.” I infer from the record, that the appellant, Hussey, was the administrator in chief of the estate of Jonathan McDonald, deceased; that McDonald’s estate was regularly declared insolvent, and that upon this Hussey made final settlement of his administration in chief, and was continued by the court as administrator of said estate unadministered. Bev. Code, § 2194. As administrator de bonis non thus appointed, he proceeded to make a partial settlement and distribution of the insolvent estate. On this settlement with the court, he “ asked to be allowed a credit for the amount ” of a certain promissory note, made by Mary B. McDonald and others, which was in these words: “ One day after date, I promise to pay E. M. Hussey, adm’r of Dr. J. McDonald, dec’d, nine hundred and fifty-eight dollars and fifty-nine cents, loaned money, this 20th March, 1867.” This credit was refused by the court below; and, as I understand the record, which seems to consist alone of the bill of exceptions, this refusal to allow this credit is the error complained of. It seems, also, that the settlement of the administration in chief, on the declaration of the insolvency, was made on the 13th day of April, 1868, a year and more after the note above set out had become due and payable. u And in the record of this settlement, this note, or one precisely similar in amount, is mentioned among the “ Notes on hand, and herewith returned.” It was, therefore, not accounted for in that settlement, so far as the record shows. On the trial of the partial settlement above said, Hussey, as is recited in that bill of exceptions, “ proposed to prove by himself, that the foregoing
The judgment of the court below is affirmed.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.