Von Schmidt v. Bourn

Citations

• 50 Cal. 616

Syllabus

<p>Liability of ah Estate fob Acts of Special Administbatob.—If a special administrator of an estate, as such, and without authority, sells stock of a corporation which had been pledged to the deceased in his lifetime as security for a loan of money, and receives the proceeds, which he pays over to executors subsequently appointed, this does not constitute a conversion by the estate, so as to enable the pledgor to recover the enhanced value of the stock in an action of trover against the executors.</p> <p>Idem.—Conceding that the pledgor could, in such case, maintain an action against the executors for the recovery of the proceeds of the sale, or such portion of them as had passed to the credit of the estate, the action is for money had and received to the use of the plaintiff and in affirmance of the sale.</p>