Moffatt v. Loughridge

Citations

• 51 Miss. 211

Syllabus

<p>1. Administrator's Final Account: Commissions— Confederate Money.</p> <p>Where the administrator returned an inventory of a large amount of insolvent notes and accounts, upon which nothing was ever realized for the estate, it would be inequitable to allow the administrator 5 per cent, on the original inventory. Where the administrator sold effects of the estate, and took confederate money in good faith, and did not use it for his own purposes, or miz it with his own funds, but kept it as a separate fund, and could not pay it out either to creditors or distributees, the administrator is not responsible for the loss. If the administrator used the money, or might have applied it to pay creditors, and did not do so, then, he ought to be charged with the value, compared with the currency of the day.</p> <p>2. — Failure to collect debts due the estate — Negligence.</p> <p>Where the administrator fails to collect the assets of the estate, the rule is, if the debt is lost by negligence, or want of diligence, the administrator is responsible. A reasonable time will be allowed for collection, then the presumption arises that he did collect,, or ought to have done so, and he can exonerate himself only by showing a failure after the use of proper diligence.</p> <p>8. Same: Garnishment — Assignment of judgment — Assignee a creditor.</p> <p>Where M. was garnisheed as a supposed debtor of L., administrator, against whom a judgment had been rendered, and after service of the garnishment process on M., he purchased the judgment, and had it assigned to him. Held, that he is a creditor of the estate. A garnishee stands very much in the place of a trustee, and is bound to protect, by appropriate steps, the rights of all parties to the credits attached.</p>