Herson v. Burgess

District of Columbia Court of Appeals

Herson v. Burgess

2 D.C. 53

CourtDistrict of Columbia Court of Appeals

DecidedJuly 1, 1935

DocketEquity No. 57160

StatusPublished

This text of 2 D.C. 53 (Herson v. Burgess) is published on Counsel Stack Legal Research, covering District of Columbia Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Herson v. Burgess, 2 D.C. 53 (D.C. 1935).

Pincite

Opinion

BAILEY, J.

In my opinion when the bank accepted the notes of the corporation in lieu of the notes of the decedent, this effected a release of the collateral in so far as the minor plaintiff was concerned. The widow and adult children of the decedent who participated in the management and control of the corporation stand in a different situation, and as to their interest in the collateral, I think there was no novation.

It results therefore as to the interest of the minor plaintiff which he acquired by descent upon the death of his father, the lien of the deed of trust has been discharged, but not as to any interest acquired by him by reason of the widow’s release of dower.

Free access — add to your briefcase to read the full text and ask questions with AI

BAILEY, J.

In my opinion when the bank accepted the notes of the corporation in lieu of the notes of the decedent, this effected a release of the collateral in so far as the minor plaintiff was concerned. The widow and adult children of the decedent who participated in the management and control of the corporation stand in a different situation, and as to their interest in the collateral, I think there was no novation.

It results therefore as to the interest of the minor plaintiff which he acquired by descent upon the death of his father, the lien of the deed of trust has been discharged, but not as to any interest acquired by him by reason of the widow’s release of dower.

Cite This Page — Counsel Stack

Bluebook (online)

2 D.C. 53, Counsel Stack Legal Research, https://law.counselstack.com/opinion/herson-v-burgess-dc-1935.