Estate of Lacoste

Good Law
1 Myrick 67
Superior Court of California, County of San FranciscoAugust 12, 1874No. 3603California285 words

Opinion

lead Opinion

The item.of $16,523.20, received from J. B. Ward, has no proper place in the account of this administrator. The money was paid by J. B. Ward to the guardian of the minor heir, by the stipulation of this administrator, and never came to the possession of the latter.

Item $11,828.80, stated in the account as “deposited with N. Larco, Esq., and lost by reason of said 1ST. Larco having gone into bankruptcy.” In May, 1870, Mr. Splivalo as administrator had a large amount of money of the estate on deposit with Belloc Ereres, bankers, and loaned $10,000 thereof to N. Larco, and in August following loaned to Larco $1,828.80 more, making $11,828.80, for which he took Larco’s note payable to himself, in sixty days thereafter, without interest. None of this has ever been repaid. In August, 1872, Larco became bankrupt, and was so adjudged. Mr. Splivalo had the claim for this note presented as against Larco’s estate. He has treated the transaction as his own individual matter until within the last few weeks. He now asks that he have credit for the amount. I do not think that this can be done. The money was not placed with Larco as with a banker in the ordinary course of business for security…

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