130 Mass. 385 | Mass. | 1881
The payment by Scammon to the mother of the plaintiff’s intestate was made to one who had no authority to receive it, and therefore did not discharge Scammon’s debt to the estate, unless the payment was ratified by the administrator. But if he ratified that payment and the delivery of the money to Towle, the "brother of the intestate, and if Towle paid it to the defendants as money of the estate of the intestate, and the administrator ratified that payment under the impression that the estate was solvent, still this action cannot be maintained An administrator who pays a debt of his intestate within a year
In the case at bar, it does not appear that the estate of the intestate is in fact insolvent. It has been so represented, but that fact does not give a right of action to the plaintiff. It does not appear that any debts have been proved before the commissioner, nor that any order of distribution has been made.
In this view of the case, it is unnecessary for us to consider the question whether the facts agreed would warrant a finding that Towle paid the defendants out of his own estate, in consequence of his previous promise, and not merely as representing the estate of the intestate, and paying its money, which had been forwarded to him for the purpose.
Judgment affirmed.