McIntyre v. McClenaghan

Citations

• 12 S.C. 185
• 1879 S.C. LEXIS 52

Syllabus

<p>1. An agent appointed by creditors, under the act regulating assignments for the benefit of creditors, is a trustee, and for assets of the assigned estate coming to his hands, however received, the statute of limitations does not commence to run in his favor until the trust is terminated.</p> <p>2. An assignee under that act, by purchasing claims of creditors of the assigned estate, became entitled to the rights of such creditors against the agent.</p> <p>3. A note of the agent, payable to such assignee January 1st, 1859, was barred by the statute of limitations before May 6th, 1871. Per Townsend, Circuit judge, and Willard, C. J.</p> <p>4. Eor the assets of the assigned estate in the hands of such agent, his executrix is liable to account; their disposition is not a matter affecting her interests.</p> <p>5. Presentation of the claim against the assets of a law firm, of which the agent was a member, does not prevent the establishment of the claim against the individual estate of the agent.</p> <p>Haskell, A. J., dissented from the judgment of the court; thegrounds of his dissent not stated.</p>