23 La. Ann. 718 | La. | 1871
The facts on which this controversy is based seernto be as follows: Gr. W. L. Marr died in Tennessee, and his son Richard became Administrator of his estate. Lonsdale, of New Orleans, was indebted to Gr. W. L. Marr in the sum of $3000, as shown by three several promissory notes of $1000 each held by Richard Marr, the administrator, who, coming to New Orleans to collect these notes, found the debtor unwilling to make payment except to an administrator appointed in Louisiana. To obviate this difficulty Richard Marr prevailed upon Robert H. Marr, the defendant in this case, to take out letters of administration in his own name, solely, as it appears, for the purpose of collecting the notes of Lonsdale. This was effected by
Three of the four heirs of G. W. L. Marr have brought this suit to compel R. H. Marr, in his capacity of administrator, to file his account, to produce his bank book showing the separate bank account of the succession, if any such account he has kept, and to pay to each of them $3450, with twenty per cent, per annum interest for failing to make a separate deposit in bank of the funds of the succession, and that he be condemned to pay ten per cent, interest per annum from fourth February, 1861, for failing to render an account. The court below rendered judgment against the defendant iu favor of each of the plaintiffs for the sum of $406, less the sum of $50, paid to Mrs. Toler, one of the plaintiffs, and to be deducted from her share. From this, judgment the plaintiffs appeal.
We think the judgment correct. Under the peculiar circumstances of this case, there being no creditors of the succession in Louisiana, and the administrator in this State, having acted in good faith, we do not think the spirit and purpose of the strongest law invoked by the plaintiff require that its provisions should be enforced in this case.
It is therefore ordered, adjudged and decreed that the judgment of the District Court be affirmed with costs.