Harden v. State Bank

Citations

• 118 Wash. 234
• 203 P. 16
• 1922 Wash. LEXIS 614

Syllabus

<p>Executors and Administrators (45, 56) — Management op Estate —Pledge op Property — Powers op Executor — Statutes. Under Rem. Code, § 1491, declaring that the property of a decedent’s estate shall not be sold or mortgaged except by an order of the court, the personal representative of an estate has no authority to pledge the choses in action of the estate as collateral security without having obtained a court order therefor, and hence the pledgee can obtain no rights in such collateral.</p> <p>Same (45) — Pledge op Property — Liability op Pledgee. Where an executor pledges to a bank to secure his personal debt a note belonging to the estate, and the bank on collecting the note applies a part of the proceeds to the individual checking account of the executor, the bank is liable to the estate for any loss suffered through the misapplication of such moneys.</p> <p>Appeal (386) — Review—Estoppel to Allege Error. The refusal of the court to give judgment on a particular claim of indebtedness involved on the trial cannot be urged as error where there was no appeal from such refusal.</p>