Brooks v. Brooks
| Decision Date | 30 April 1873 |
| Citation | 59 Tenn. 12 |
| Parties | John M. Brooks, Administrator, v. Sarah Brooks and others. |
| Court | Tennessee Supreme Court |
From the First Chancery Court of Shelby County, October Term, 1872. R. J. MORGAN, Ch.
In this case, the counsel agreed upon a record for the supreme court, from which is quoted the following statement of facts, being the “agreed case” referred to in the opinion of the court:
“Elijah Brooks and John C. Suggs were partners under the style of Brooks & Suggs.
Elijah Brooks, the surviving partner, died in June, 186??. The insolvency of his estate, and of the partnership estate, was suggested.
John M. Brooks qualified in 1869, as the administrator of Elijah Brooks, and filed his bill in this case in May, 1868, bringing the estate of Elijah Brooks, and the partnership estate of Brooks & Suggs, into this court for administration, and making Sarah Brooks, Robert Brooks, Laban Suggs, administrator of John C. Suggs, and others, defendants.
The individual estate of Elijah Brooks, and the partnership estate of Brooks & Suggs, are now in this court, in this proceeding, and no distribution has yet been made of the fund of either estate.
On May 13, 1869, less than two years from the qualification of the administrator, R. H. Brooks, a resident of Shelby County, filed his petition and claim in this suit, against the estate of Elijah Brooks, said claim consisting of sundry items, to the amount of about $1,900, and among the items was one for $538.60 paid on a note to one Laird. The entire claim was allowed by the clerk, in his report made December 16, 1869, as a debt against the estate of Elijah Brooks, but the report in that particular has not been confirmed. This item was included among the other items of the party's account against the estate of Elijah Brooks; but in fact the money was paid on a note made by R. H. Brooks for the accommodation of the firm of Brooks & Suggs, and was a debt due to R. H. Brooks from said firm, and not from Elijah Brooks individually.
On Dec. 23, 1872, R. H. Brooks applied for leave to amend his petition of May 13, 1869, so as to have the item of $538.60, in his claim of that date, paid out on the partnership estate of Brooks & Suggs, instead of the estate of Elijah Brooks individually. This application was resisted by the administrator of John C. Suggs, on the ground that the item being in the petition filed May 13, 1869, against the estate of Elijah Brooks individually, the motion to amend, so as to make it a claim against the estate of Brooks & Suggs, was an attempt to prefer a new claim barred by the statute of limitations of two years.”
The Chancellor's decree was as follows:
“That the petition and claim of May 13, 1869, embracing this item of $538.60, having been originally filed in time, and neither fund having been distributed, nor the report of the Clerk and Master, of Dec. 16, 1869, allowing this item as a debt against the estate of Elijah Brooks, confirmed, it is competent for the petitioner to amend his petition of May 13, 1869, so as to ask that this item of his claim be paid out of the partnership claim of Brooks & Suggs, instead of the estate of Elijah Brooks, and that such amendment, made at this time, upon the state of facts in the record, will relate back to the date of the filing of the petition, May 13, 1869, so as to save it from the bar of ...
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