Fitch v. Huntington

1 Kirby 38

Opinion

By the whole Court.

Interest, upon tbe plaintiff’s average, was allowed out of tbe estate of tbe deceased. Tbis would work injustice to tbe other creditors, who would thereby be cut short of their average. If an administrator upon an insolvent estate, after tbe average is struck, makes himself liable for interest, it is bis own estate be subjects, and not that of tbe deceased; and tbe action and judgment should accord’witb tbe circumstance of tbe administrator’s personal liableness.