Courtney v. Hunter's Administrator
District Court, District of Columbia
Courtney v. Hunter's Administrator, 1 D.C. 265 (1805)
Courtney v. Hunter's Administrator
Opinion of the Court
gave judgment for the plaintiff upon both points. The case of Rann v. Hughes seems decisive, on the 2d point, that the implied promise can only be coextensive with the consideration. If the consideration be assets merely, the implied promise is a promise as administrator, and the judgment is de bonis testatoris. If the consideration be personal the implied promise is personal, and the judgment de bonis propriis.
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