Smith v. Ayer Smith v. National Bank

CourtUnited States Supreme Court
Writing for the CourtFIELD
Citation25 L.Ed. 955,101 U.S. 320
Decision Date01 October 1879
PartiesSMITH v. AYER. SMITH v. NATIONAL BANK

101 U.S. 320
101 U.S. 320
25 L.Ed. 955
SMITH
v.
AYER.
SMITH
v.
NATIONAL BANK.
October Term, 1879

APPEALS from the Circuit Court of the United States for the Northern District of Illinois.

The facts are stated in the opinion of the court.

The first case was argued by Mr. H. G. Miller and Mr. T. G. Frost for the appellants, and by Mr. W. C. Goudy for the appellees.

Page 321

The second case was argued by Mr. H. G. Miller, Mr. T. G. Frost, and Mr. P. C. Smith for the appellants, and by Mr C. C. Bonney for the appellees.

MR. JUSTICE FIELD delivered the opinion of the court.

These are suits in equity to compel the delivery to the complainants of two promissory notes, each for $39,250, alleged to belong to the estate of Renick Huston, deceased, brought by the administrators de bonis non of that estate and the administrator de bonis non of the estate of Thomas T. Renick, deceased. They were commenced in a court of the State of Illinois, and upon application of the defendants, Ayer et al., in the first case, and of the First National Bank of Westboro', Mass., in the second case, were transferred to the Circuit Court of the United States for the Northern District of Illinois. That court dismissed the bill in both cases, and from its decrees they are brought here on appeal.

The facts out of which the suits arise are substantially these: In February, 1864, one Renick Huston, then a resident of Ohio, died possessed of a tract of land, about eighty acres in extent, near Chicago, Ill. The legal title to the land stood in the name of Job R. Renick, but it is admitted that he held it as trustee for the estate of Huston, and to reimburse Thomas T. Renick for certain expenditures incurred on account of the property. The deceased left a will, by which, after making certain bequests, he devised one-third of the residue of his estate to Thomas T. Renick, whom he named as his executor, and to whom letters testamentary were issued. The property having been sold at different times for taxes, and being subject to various charges, Renick advanced money to a large amount, stated to be between twenty and thirty thousand dollars, to redeem it from the sales, and to pay off the claims upon it. He was authorized under the will to sell the real estate, and accordingly, in July, 1872, he sold it to one Joel D. Harvey for $157,000, payable one-fourth in cash and the balance in one, two, and three years, for which notes were given, secured by a trust-deed of the property executed to one J. Edwards Fay. There were six notes in all, three being each for $39,250, and the other three for the instalments of interest as they fell

Page 322

due. They were all made payable to the order of Thomas T. Renick individually. The cash payment was sufficient to reimburse him for his outlays, and he held the notes as executor of Huston's estate.

In August, 1873, Thomas T. Renick died in Ohio, leaving a will, and appointing his brother Benjamin executor of his estate. Letters testamentary were accordingly issued to Benjamin, and the notes of Harvey subsequently came into his possession as executor. At the time of his death the deceased held in his name an interest in a commercial firm, known as Tower, Classen, & Co., engaged in the manufacture and sale of chromatic printing-presses, at Canton, Ohio, which he had acquired by funds belonging one-third to himself, one-third to the children of a deceased brother, and one-third to a sister. In his will he made a request that the whole interest should be retained in the company, under the control of his brother, so long as the latter should deem it profitable. His own interest he bequeathed to his brother in trust for himself and certain nephews and nieces mentioned, in equal proportions, to be held and controlled by him so long as he should deem it advisable. Several other bequests were made by the testator to different parties, and the payment of an annuity to one of his brothers was directed. Soon afterwards Benjamin purchased the interest of Tower in the company, and then the firm name was changed to that of B. T. Renick & Co.

In September, 1873, the complainants, Palmer C. Smith and Job R. Renick, were appointed administrators de bonis non with the will annexed of the estate of Huston. And when the second note of Harvey was about maturing, application was made to Smith, as such administrator, to consent to extend the time of its payment and that of the third note. After some negotiation, and the maturity of one of the notes, Smith signed an agreement, in which, after reciting that the notes were the property of the estate of Renick Huston, deceased; that a suit was pending in Ohio affecting the property of the estate, and that until its termination it was desirable that the money should be invested; and that other parties—the West Chicago Land Company, to which portions of the real property had been sold—had assumed the payment of the notes and interest, he stipulated

Page 323

not to press the payment of the notes until such time as he should require the money by reason of the termination of the suit, the extension in no event to exceed two years. This agreement bears date Sept. 12, 1874. The parties who had assumed the obligation to pay the notes were not content with the agreement without the signature of Benjamin Renick, executor of the estate of Thomas Renick, as the notes were in his possession and were payable to the order of his testator. After a good deal of negotiation, his signature, as executor of the estate of Thomas Renick, was obtained to a similar agreement for an extension of time, stipulating that he also would not press the payment of the notes unless he should require the money to make a settlement of that estate. It does not, however, contain the recital of the one signed by Smith, that the notes were the property of the estate of Huston. This agreement was not executed until the 19th of February, 1875, though it was dated back to the date of the one signed by Smith, and both agreements were placed in the hands of one James R. Goodman. On the same day the following indorsement was made on each of the notes:——

'FEB. 19, 1879.

'Payment of the within notes extended, as per contract of Sept. 12, 1874, now in the hands of James R. Goodman, Esq., for a period not exceeding two years from July 15, 1874.

'J. EDWARDS FAY, Trustee, &c.

'B. T. RENICK,

'Executor and Trustee of Thomas T. Renick, deceased.'

In May following, the firm of B. T. Renick & Co., the successors, as mentioned, of Tower, Classen, & Co., applied, through a broker in New York, to the defendants, J. C. Ayer & Co., of Lowell, Mass., for a loan of $39,250, and offered to pledge as collateral security for the money one of the notes of Joel A. Harvey, given upon the purchase of the land near Chicago, and secured by a trust-deed of the property. Ayer & Co. agreed to make the loan if the security was approved by their attorney, to whom it was referred to examine and report as to its sufficiency. The attorney made the examination. He testifies that he examined the two notes of Harvey and the deed of trust securing them, an abstract of title to the land, and a copy of the

Page 324

will of Thomas T. Renick; that he talked with the trustee under the trust-deed, and with Benjamin Renick, the executor of Thomas T. Renick, in whose possession the notes were at the time; that Benjamin informed him that he wished to use the money borrowed in the business of B. T. Renick & Co., manufacturers of chromatic printing-presses; that the establishment was the one designated in the will as that of Tower, Classen, & Co.; and that the notes had each the indorsement of the extension mentioned. The attorney reported to Ayer & Co. that the security was valid and sufficient to pay the notes, and advised them to take the note first maturing. Immediately afterwards he was directed to complete the loan. He accordingly took the note of B. T. Renick & Co. for $39,250, dated May 26, 1875, payable to Ayer & Co., at their office in Lowell, Mass., and, as collateral security, received the note first falling due of Harvey for the same amount, both of which he transmitted to Ayer & Co. It is to compel a surrender of this note to the complainants that the first of the above-named suits is brought.

In June following this transaction, the firm of B. T. Renick & Co. desired a further loan of $30,000, and employed J. Edwards Fay to obtain it on the security of the third note of Harvey for $39,250. Fay applied to the First National Bank of Westboro', Mass., for the loan. He showed to its officers the note of Harvey, having the indorsement extending the time of...

To continue reading

Request your trial
255 practice notes
  • Polisoto v. Weinberger, No. SA-84-CA-308.
    • United States
    • United States District Courts. 5th Circuit. Western District of Texas
    • January 29, 1986
    ...v. Wabash Railroad, 370 U.S. 626, 634, 82 S.Ct. 1386, 1390, 8 L.Ed.2d 734, 738 (1962) (quoting Smith v. Ayer, 101 U.S. (11 Otto) 320, 326, 25 L.Ed. 955 (1829)); see also Cooper v. Lewis, 644 F.2d 1077, 1082 (5th The administrative record in this case clearly demonstrates that Mr. Hollin was......
  • Brown v. Yates, No. : 1:10-cv-00219-LJO-DLB (HC)
    • United States
    • United States District Courts. 9th Circuit. United States District Courts. 9th Circuit. Eastern District of California
    • February 3, 2011
    ...can be charged upon the attorney." Link v Wabash R. Co., 380 U.S. 626, 634, 82 S.Ct. 1386, 8 L.Ed.2d 734 (1962) (quoting Smith v. Ayer, 101 U.S. 320, 326, 25 L.Ed. 955 (1880)). Thus, decisions by counsel are generally given effect as to what arguments to pursue, see Jones v. Barnes, 463 U.S......
  • Gulf Grp. Gen. Enters. Co. v. United States, No. 06-835C
    • United States
    • Court of Federal Claims
    • July 2, 2013
    ...lawyer-agent and is considered to have 'notice of all facts, notice of which can be charged upon the attorney.'" (quoting Smith v. Ayer, 101 U.S. 320 (1879))), reh'g denied, 371 U.S. 873 (1962).102 Moreover, although the initial claims submitted to the Army were certified by Ferdinand Peter......
  • King v. Richardson, No. 5042.
    • United States
    • United States Courts of Appeals. United States Court of Appeals (4th Circuit)
    • June 19, 1943
    ...the breach of trust is intentional or negligent or results from a misinterpretation of the trust instrument." The case of Smith v. Ayer, 101 U.S. 320, 25 L.Ed. 955, is very much in point. In that case an executor with power of disposition as to assets in his hands pledged, as security for a......
  • Request a trial to view additional results
255 cases
  • Polisoto v. Weinberger, No. SA-84-CA-308.
    • United States
    • United States District Courts. 5th Circuit. Western District of Texas
    • January 29, 1986
    ...v. Wabash Railroad, 370 U.S. 626, 634, 82 S.Ct. 1386, 1390, 8 L.Ed.2d 734, 738 (1962) (quoting Smith v. Ayer, 101 U.S. (11 Otto) 320, 326, 25 L.Ed. 955 (1829)); see also Cooper v. Lewis, 644 F.2d 1077, 1082 (5th The administrative record in this case clearly demonstrates that Mr. Hollin was......
  • Brown v. Yates, No. : 1:10-cv-00219-LJO-DLB (HC)
    • United States
    • United States District Courts. 9th Circuit. United States District Courts. 9th Circuit. Eastern District of California
    • February 3, 2011
    ...can be charged upon the attorney." Link v Wabash R. Co., 380 U.S. 626, 634, 82 S.Ct. 1386, 8 L.Ed.2d 734 (1962) (quoting Smith v. Ayer, 101 U.S. 320, 326, 25 L.Ed. 955 (1880)). Thus, decisions by counsel are generally given effect as to what arguments to pursue, see Jones v. Barnes, 463 U.S......
  • Gulf Grp. Gen. Enters. Co. v. United States, No. 06-835C
    • United States
    • Court of Federal Claims
    • July 2, 2013
    ...lawyer-agent and is considered to have 'notice of all facts, notice of which can be charged upon the attorney.'" (quoting Smith v. Ayer, 101 U.S. 320 (1879))), reh'g denied, 371 U.S. 873 (1962).102 Moreover, although the initial claims submitted to the Army were certified by Ferdinand Peter......
  • King v. Richardson, No. 5042.
    • United States
    • United States Courts of Appeals. United States Court of Appeals (4th Circuit)
    • June 19, 1943
    ...the breach of trust is intentional or negligent or results from a misinterpretation of the trust instrument." The case of Smith v. Ayer, 101 U.S. 320, 25 L.Ed. 955, is very much in point. In that case an executor with power of disposition as to assets in his hands pledged, as security for a......
  • Request a trial to view additional results

VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT