¶1—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.
16 Abb. Pr. 225
Davis v. Stover
The Superior Court of New York City
Decided April 15, 1874
The Superior Court of New York City · decided 1874-04-15
Henry D. Stover, appointed receiver of The Ocean National Bank, by the comptroller of the currency, under the act of congress of June 3rd, 1864, establish ing the national banks, and the acts amendatory thereof, received, as part of the assets of the bank, several promissory notes made by M. P. Wood, and indorsed by H. D. Stover, against both of whom this action was brought, on the notes, for the sum of nine hundred and ninety-two dollars and one cent.
Decided 1874-04-15