Davis v. Stover

The Superior Court of New York City

Davis v. Stover

16 Abb. Pr. 225

CourtThe Superior Court of New York City

DecidedApril 15, 1874

StatusPublished

This text of 16 Abb. Pr. 225 (Davis v. Stover) is published on Counsel Stack Legal Research, covering The Superior Court of New York City primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Davis v. Stover, 16 Abb. Pr. 225 (N.Y. Super. Ct. 1874).

Pincite

Opinion

Freedman, J.

—Although, as a general rule, an agent employed by a trustee, receiver, executor,, or administrator, in the execution of the trust, must look to the person employing him, individually, for his payment, and an executory contract of this character does not bind the estate, yet the reasonable value of services actually rendered by such an agent, upon the faith . of an express agreement that the compensation is to be made out of the estate, may, the necessity for their rendition being conceded, constitute an equitable set off to any claim or demand which the estate may have against such agent.

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Freedman, J.

—Although, as a general rule, an agent employed by a trustee, receiver, executor,, or administrator, in the execution of the trust, must look to the person employing him, individually, for his payment, and an executory contract of this character does not bind the estate, yet the reasonable value of services actually rendered by such an agent, upon the faith . of an express agreement that the compensation is to be made out of the estate, may, the necessity for their rendition being conceded, constitute an equitable set off to any claim or demand which the estate may have against such agent.

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Bluebook (online)

16 Abb. Pr. 225, Counsel Stack Legal Research, https://law.counselstack.com/opinion/davis-v-stover-nysuperctnyc-1874.