Hugh Conyngham Boyd, Administrator of Hugh Boyd, v David Todd

• Jurisdiction: Ireland
• Judgment Date: 16 April 1850
• Date: 16 April 1850
• Court: Queen's Bench Division (Ireland)

Queen's Bench

HUGH CONYNGHAM BOYD, Administrator of HUGH BOYD,

and

DAVID TODD.

Cooper v. Chitty 1 Bur. 31.

Stibbs v. Clough 1 Stra. 227.

Ball v. SquarryENR Fortes. 354.

Colto v. GoodridgeUNK 2 Wm. Bl. 1108.

Pinney v. PinneyENR 8 B. & C. 335.

Roth v. The Earl of Enniskillen 1 H. & Br. 187.

Devoe v. CoridonENR 1 Keb. 305.

AnonymousENR 2 Salk. 655.

Ascue v. Saderson Cro. Eliz. 433.

Mason v. Farnell 1 D. & Low. 765.

Acraman v. CooperENR 10 M. & W. 585.

466 CASES AT LAW. E. T. 1850. Queen'sBench HUGH CONYNGHAM BOYD, Administrator of HUGH BOYD, v. DAVID TODD. (Queen's Bench.) April 16. TnovEn.-The plaintiff claimed as administrator, with the will annexed, of Hugh Boyd. The declaration contained two counts, alleging that the defendÂant converted to his own use certain policies of insurance, and other chattels, the property of the plaintiff, as such administrator, and concluded by making profert of the letters of administration. To this declaration the defendant pleaded-first, the general issue ; secondly, to the second count, actionem non ; because he saith that the said Hugh Boyd, in his lifetime, to wit, on &c., at &c., made and published his will in writing, and appointed Jane Boyd executrix of the same, and that afterwards, and after the death of the said Hugh Boyd, and before the grant of the letters of admiÂnistration to the plaintiff, to wit, on &c., the said Jane Boyd took upon herself the burthen of the administration of the said will of Hugh Boyd, and as such executrix did then and there, in consideraÂtion of the sum of £600, paid and advanced to her as such executrix at her special instance and request by said defendant, mortgage and deposit the said policy of insurance, and all the goods, chattels, deeds, documents, writings and assurances in the said second count mentioned, to and with the defendant, as and for a security for the payment of the said sum of money, with lawful interest on the same, and which still remains due and unpaid.-Verification. Special demurrer to this plea, assigning as cause that it amounted to the general issue ; that it did not traverse or deny the conversion, and that it tendered an immaterial issue ; that it did not, save by argument or inference, allege that the £600 was paid to, or reÂceived by, Jane Boyd, and that it did not allege or sufficiently show CASES AT LAW. 467 that Jane Boyd was executrix of Hugh Boyd at the time of the E. T. 1850. alleged mortgage. Queen's Bench BOYD V...