Van Dusen v. Topeka Woolen-mill Co.

Citations

• 74 Kan. 437
• 87 P. 74
• 1906 Kan. LEXIS 84

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Administrators — Compromise of a Claim — Condition Precedent. An administrator has no authority to accept less than its full amount in satisfaction of a demand that accrued in the lifetime of his decedent, except by consent of the probate court. The case of JEtna Life Ins. Co. v. Swayze, Adm’x, 30 Kan. 118, 1 Pac. 36, followed.</p> <p>2. ■-- Set-off — Claim Purchased at a Discount. In a suit by an administrator to collect a debt due to an insolvent estate a claim which accrued in the lifetime of the decedent, and which the defendant has purchased at a discount since his death, cannot be used as an offset.</p> <p>3. Judgments — Collateral Attack — Limitation of Actions. An order of the probate court allowing a claim against the estate of a decedent is not open to a collateral attack upon the ground that the statute of limitations had run against such claim before its allowance.</p>