Courtney v. Hunter

U.S. Circuit Court for the District of District of Columbia

Courtney v. Hunter

6 F. Cas. 649, 1 Cranch 265

CourtU.S. Circuit Court for the District of District of Columbia

DecidedNovember 15, 1805

StatusPublished

This text of 6 F. Cas. 649 (Courtney v. Hunter) is published on Counsel Stack Legal Research, covering U.S. Circuit Court for the District of District of Columbia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Courtney v. Hunter, 6 F. Cas. 649, 1 Cranch 265 (circtddc 1805).

Pincite

Opinion

THE COURT

gave judgment for the plaintiff upon both points. The case of Rann v. Hughes [supra] seems decisive, on the 2d point, that the implied promise can only be coextensive with the consideration. If the consideration be assets merely, the implied promise is a promise as administrator, and the judgment is de bonis testatoris. If the consideration be personal the implied promise is personal, and the judgment de bonis pro-priis.

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THE COURT

gave judgment for the plaintiff upon both points. The case of Rann v. Hughes [supra] seems decisive, on the 2d point, that the implied promise can only be coextensive with the consideration. If the consideration be assets merely, the implied promise is a promise as administrator, and the judgment is de bonis testatoris. If the consideration be personal the implied promise is personal, and the judgment de bonis pro-priis.

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Bluebook (online)

6 F. Cas. 649, 1 Cranch 265, Counsel Stack Legal Research, https://law.counselstack.com/opinion/courtney-v-hunter-circtddc-1805.