The Montgomery advertiser., 1906-05-30
THE MONTGOMERY ADVERTISER

ths nstruction contract as required payments thereon to be made Tn particular manner.
 (. Same payment to contractor; nature and form-During the per formance of the contract or ouiioine. the bank who was the builder, kept one general Account with the con tractor, which was frequently over drawn several thousand dollars more than was due. and which was paid only by being credited with the es- inmates and certificates of the archi- tect as the work progressed: held. to be payment or payments on the contract ana not loan to the con tractor from the bank; and such a payment as released the surety.
 5. Banks; authority of president; estoppel to deny.--When the proper perforniance of the construction con tract was left by the bank in its pres idents hands, who passed on all or ders from the contractor; to the oank. and on whose order payments were made by the teller to the contractor and his material men. the bank Is es- topped to deny the authority or the president to do these things. in suit by the bank against the surety Of the contractor. on failure of contractor to complete his contract tDowdell J.. dissents) Appeal from Montgomery City Court Heard before Hon. A. D. Sayre. Rehearing denied April 3, 190S Opinion by Simpson, J.
 Tyson, Anderson and Denson. JJ.. concur.
 Mcclellan. c J.. tsick> and Harai- son, J. fdisouaiihed) not sitting. Dow dell. J.. dissents in part
  DANIEL V. BALDWIN. EFT AL Action by creditor against sureties on administrators bond. - Decided
 June 30, 1905 t4o So. Rep. 421) l. Administrators; unpaid debts: lia- bility of sureties: proof.-upon aver ment and proof that the estate was solvent and that sufficient assets came into the hands. of the administrator to pay plaintiffs debt. and return of "no property" on execution de bonis the sureties of the admin istrators are concluded as to the is- sue of devastavit vel non; and the decree against the administrator, and it's affirmance on appeal to this court. as to the amount of creditors claim against, the estate taken In connec- tion with the other averments and proof above set out. fixes the liability for such debt upon such sureties. F ?. Same; voluntary settlement; eff feet subsequent liability.-When a minor creditor of the estate filed her account with the administrator with in twelve months after attaining ma- jority as authorized by Section 131. Code 1S96. such administrator is not discharged from liability to such in fant creditor, where sufficient assets of the estate came into the hands of such administrator to pay such claim. and he voluntarily settled and distribu- ted said estate, without knowledge of such claim. ,tss.
 3. Same; limitation.--Assets in the hands fof an administrator are prinar- fly chargeable with the payment the debts of the estate, and so continue until such claims are paid or barred by the status of non claim applicable to the particular claim.
 4. Same; notice to; administrator- Under Section 131, Code 1896, claim presented to the administrator by a minor creditor of the estate within a year after such minor attains majority. is in time, and it is no defense that such administrator did not know of such claim and distributed the as- sets of the estate in good faith sum- cient to pay the claim.
 5. Appeal; disposition of cause: re- versal; rendering judgment-Where a cause IS trieu upon dh dSfcSu stdtt- ment of facts, which asserts the only defense to the action, and the judg- ment must finally; be, rendered fixing liability upon the defendant. this court will not remand thef cause, but will render judgment fixing such liability. Appeal from Montgomery City Court. Heard before Hon.. A. D Sayre. Rehearing denied April 5, 1906. Opinion by Mcclellan. C. J. All the Justices concur.