18 F. Cas. 1346
U.S. District Court
Decided January 15, 1840
U.S. District Court · decided 1840-01-15
Assumpsit for money had and received by the defendant [Elias Kane] for the use of the plaintiff [Gabriel Paul], as executor of Edward Coursault, to recover from the defendant the sum of $7,864.32 principal, and $304.72 interest, received by the defendant from the treasury of the United States, for indemnity for French spoliation of the testator’s brig Good Friends and cargo, confiscated by the French government in 1810.
Decided 1840-01-15
¶1was of opinion that, as there was an executor qualified and competent to sue, when the orphans’ court of the county of Washington granted the letters of administration to the defendant, the latter were void.
¶2Verdict for plaintiff. Judgment affirmed by the supreme court of the United States, at January term, 1840 [14 Pet (39 U. S.) 33.]