Chick v. Farr

Citations

• 31 S.C. 463
• 10 S.E. 176
• 1889 S.C. LEXIS 58

Syllabus

<p>1. When the same person unites in himself the character of both debtor and creditor, the debt is to be regarded as paid by operation of law. But where R and P are sureties on the administration bond of C, and C died, and R, one of these sureties, became administrator de bonis non, who afterwards also died, before any account had been taken of C’s administration, or any indebtedness by C, as administrator, had been ascertained, the amount due by C (and his sureties) was not so paid to R, when he administered, as to relieve P, the co-surety, from liability for C’s devastavit, afterwards established. The doctrine fully discussed, and the cases reviewed.</p> <p>2. P having also signed as surety the bond of R, as administrator de bonis non, if the balance now ascertained to have been in C’s hands at his death, could be regarded as paid to R, when he administered, it would be cash in R’s hands as administrator, for which P, as surety on R’s bond, would be liable.</p> <p>3. Where C received from intestate in his life-time certain notes for collection, and afterwards administered on his estate, and payment on these notes was properly accepted in Confederate money, but it does not appear at what time they were paid, the administrator was chargeable with the value of Confederate money at the date of the maturity of the notes, which was prior to the death of intestate. For C’s own note to intestate maturing after intestate’s death, C was chargeable with the value of such money at the maturity of his note.</p> <p>4. An administrator is liable for interest on the balances in his hands, but not for interest on the aggregate of principal and interest agreed by counsel to have been in his hands at a past date.</p> <p>5. Petition for rehearing refused.</p>