5 D.C. 549
Decided March 15, 1839
Assumpsit for money had and received by the defendant for the use of the plaintiff, 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 1839-03-15
¶1The Court was 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.