Mills' Adm'r v. Talley's Adm'r

Citations

• 83 Va. 361
• 5 S.E. 368
• 1887 Va. LEXIS 79

Syllabus

<p>Personal Representatives&emdash; Liability&emdash;Attorney's misfeasance&emdash;Case at bar.&emdash;T.’s administrator qualified in 1870, and soon after entrusted for collection to C., an. attorney of competency and good standing, a note due to the estate. C. collected the greater part and paid it over, but allowed the note to run out of date without bringing suit. The administrator learned this fact in 1877, whilst C. was still solvent, but wholly failed to take steps against C. to make the money out of him, and the balance of the debt became lost to the estate. In suit against the administrator for his laches&emdash;</p> <p>Held :</p> <p>He became liable for the debt, not for entrusting the note to C. for collection, but for his failure to proceed, during C.’s solvency, to make the money out of him.</p>