McMahan & Co. v. Harbert's Administrators

Citations

• 35 Tex. 451

Syllabus

<p>1. An administrator has no power to create a debt which will bind the estate he represents,—except in such cases as are expressly provided for by statute.</p> <p>2. H., a planter, died intestate in 1865, having been in the habit of transacting his business with M. & Co. as his commission merchants. After his death, his administrator conducted the plantation by order of the probate court, and continued its business transactions with M. &Oo., and incurred a large indebtedness to them for plantation supplies. The administrator was removed, and administrators de bonis non appointed. M. & Co. sued the administrators de bonis non for the indebtedness, setting forth the above facts, and further alleging that the supplies were furnished for the benefit and on the credit of the estate alone, were required by its necessities, and were used by it; that there were but few debts against the estate, and the administration was carried on in the interest of the heirs, and not of creditors; and that the claim had been presented to the defendants, who admitted its justness and offered to pay it in other claims. Held, that a demurrer to the plaintiffs’ petition was properly sustained. The indebtedness was one for which the estate could not be made liable by the administrator, even though he acted under the authority of the probate court. But if the suit had been against the heirs, with proof' that they approbated the creation of the debt, and profited by it, an equitable liability to pay it might have been established against them,, as in the case of Montgomery v. Guitón, 18 Texas, 736.</p>