Blydenburgh v. Lowry

U.S. District Court

Decided November 15, 1833

U.S. District Court · decided 1833-11-15

This was an action of assumpsit brought by the plaintiff [Richard i\ Blydenburgh] as administrator of Jesse Smith, to recover $1,000 received by [George Lowry] the defendant to the use of the estate of Jesse Smith, in the lifetime of a previous administrator who obtained his letters of administration in Philadelphia, where the intestate died.

Decided 1833-11-15

MORSELL, Circuit Judge.

¶1If the defendant had become insolvent, whose loss would it have been: It might have been the loss of the administrator, but it is not, therefore, less assets. If the property be changed, it is still assets, as in the case cited from Barnwell & Creswell [Catherwood v. Chabaud. 1 Barn. & C. 150], where the first administrator took a bill of exchange for a debt due to the estate, and died before suit *771brought upon it. The administrator de bonis non sued on it, and recovered.

¶2THE OOÜKT

(MORSELL, Circuit Judge, contra)

¶3decided that the plaintiff had a right to bring and maintain this action.

¶4Verdict for the plaintiff.

¶5A bill of exceptions was taken, but no writ of error was prosecuted.