In Wheeler v. Emerson, 45 N.H. 526, the trustee was held chargeable, not only for notes in his possession signed by other persons and payable to the principal defendant, but also for mortgages in his possession made to secure the notes.
Summary of this case from Musgrove v. GossMay, 1907.
Determination of town auditors unanimously confirmed, with fifty dollars costs and disbursements. No opinion.
In Wheeler v. Emerson, 45 N.H. 526, the trustee was held chargeable, not only for notes in his possession signed by other persons and payable to the principal defendant, but also for mortgages in his possession made to secure the notes.
Summary of this case from Musgrove v. GossIn Wheeler v. Emerson, 44 N.H. 182, 188, it was held that where by a decree of the probate court the executor is charged with the amount of his indebtedness to the testator, the surety is liable. It is said (p. 188): "By statute, a debt due the intestate from the administrator is assets in his hands, and must be accounted for, as other debts, and the decree of the probate court charges the principal debtor with the amount of such debts, and we must presume that he was rightfully charged. Under such circumstances the sureties would be held."
Summary of this case from Judge of Probate v. SullowayFull title:The People of the State of New York ex rel. Willard R. Wheeler v. Emerson…
Court:Appellate Division of the Supreme Court of New York, Third Department
Date published: May 1, 1907
(a) Until the statute of 1876, c. 32, the court uniformly held that a married woman could make contracts only…
White v. Company84, that was paid to the receiver upon the order, applied in reduction of the note as of the dates of…