The Superior Court of New York City, 1874

Davis v. Stover

Davis v. Stover
The Superior Court of New York City · Decided April 15, 1874 · Freedman
16 Abb. Pr. 225

Counsel

Sunderland D. Smith, for the plaintiff,, Addison Brown, for the defendant,

Davis v. Stover

Opinion of the Court

Freedman, J.

—Although, as a general rule, an agent employed by a trustee, receiver, executor,, or administrator, in the execution of the trust, must look to the person employing him, individually, for his payment, and an executory contract of this character does not bind the estate, yet the reasonable value of services actually rendered by such an agent, upon the faith . of an express agreement that the compensation is to be made out of the estate, may, the necessity for their rendition being conceded, constitute an equitable set off to any claim or demand which the estate may have against such agent.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.