¶1The defendant is liable as executrix in her own wrong, and the extent of her liability is prescribed in Gen. Sts. c. 94, §§ 14,15. Both the notes belonged to the estate of Lydia L. Loomis, deceased, so far as creditors were concerned. Wnen *180they came into the hands of the defendant, and a.so at the decease of Lydia L. Loomis, the note of Chadwick & Sons was good and collectable. But the defendant assumed the ownership and control of it, and neglected to collect it till they became insolvent. She ought to account to the plaintiff not only for the dividends she has received from their assignee, but for the balance which she might have collected before the insolvency. But there is no evidence as to the ability of Blakeslee to pay the balance due on his note, and the only right of the plaintiff is to have it delivered to him. Decree accordingly.
97 Mass. 178
Root v. Geiger
Massachusetts Supreme Judicial Court
Decided September 15, 1867
Massachusetts Supreme Judicial Court · decided 1867-09-15
<p>One who takes a promissory note prior to the death of its owner and holds it afterwards as an executrix in her own wrong, and neglects to collect it, until the maker becomes insolvent, is liable to the lawful administrator for the whole amount of the note, if it was good and collectable at the time of the owner’s death.</p> <p>An executrix in her own wrong took and held for more than three years from the owner’s death a promissory note, dated nearly four years before such death, for fifty dollars, payable on demand, with interest, and secured by a mortgage, of personal property recorded, but which it did not appear that any effort had ever been made to collect, or that it was of any value except what may be inferred from two indorsements thereon of payments accepted in wood by the holder about two and three years respectively from its date, one of two dollars and fifty cents and the other of three dollars. In a suit in equity brought by the lawful administrator, Eeld, that his only right against her as to this note was to have it delivered to him.</p>
Decided 1867-09-15