Fitch v. Huntington

Connecticut Superior Court

Fitch v. Huntington

1 Kirby 38

DecidedMarch 15, 1786

StatusPublished

This text of 1 Kirby 38 (Fitch v. Huntington) is published on Counsel Stack Legal Research, covering Connecticut Superior Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Fitch v. Huntington, 1 Kirby 38 (Colo. Ct. App. 1786).

Pincite

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.

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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.

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Bluebook (online)

1 Kirby 38, Counsel Stack Legal Research, https://law.counselstack.com/opinion/fitch-v-huntington-connsuperct-1786.