Peter Vivian Daniel

Name: Henshaw v. Miller — Opinion of the Court
Author: Peter Vivian Daniel

Henshaw v. Miller — Opinion of the Court

Summary

“Henshaw v. Miller — Opinion of the Court”, is a work by Peter Vivian Daniel. It explores elements such as executor, trespass and statute.

Quotes from Henshaw v. Miller — Opinion of the Court (Peter Vivian Daniel)

Peter Vivian Daniel, Henshaw v. Miller — Opinion of the Court

“ In the interpretation of this statute, the courts in England have ruled, that the right conferred on the executor to maintain trespass for a wrong done to the testator, must, with reference to the language of the times when the statute was passed, signify any wrong; and that the instance put, namely: 'as of the goods and chattels of the same testators carried away in their life,' was put in the statute only as an instance or illustration, and by way of limiting the right to injuries to personal property, and not as restrictive to the single or particular form of injury ”

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Source: Wikisource

Peter Vivian Daniel, Henshaw v. Miller — Opinion of the Court

“ The provision of the statute of Virginia by which the right of action by or against the personal representative as to torts is conferred, is introduced by no preamble or declaration by which any object or purpose beyond its literal terms may be implied. It is a simple section of the statute concerning wills, intestacy, and distribution, and clearly defines the single instance in which trespass may be maintained by the personal representative ”

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Source: Wikisource

Peter Vivian Daniel, Henshaw v. Miller — Opinion of the Court

“ A mere fraud or cheat by which one sustains a pecuniary loss, cannot be regarded as a damage to personal estate. The action is abated at common law, and, not surviving by force of the statute, must be deemed to stand abated.'
Upon full consideration of the statutes of Virginia, and of the interpretation placed by the courts of that State upon those statutes, and of every analogy which can be applied from similar provisions elsewhere, we are of the opinion, that in the circuit court this action did not survive the death of the defendant, but abated upon the occurrence of that event ”

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Source: Wikisource

Peter Vivian Daniel, Henshaw v. Miller — Opinion of the Court

“ Pending the suit the defendant died, and the plaintiff moved to cite in his administrator. Shaw, Chief Justice, said, in pronouncing the judgment of the court: 'The question whether the plaintiffs can cite in an administrator, and proceed with their action, depends on Revised Stats. ch. 93, § 7. It is contended that a false representation, by which one is induced to part with his property by a sale on credit to an insolvent person, by means of which he is in danger of losing it, is a damage done to him in respect to his personal property. ”

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Source: Wikisource

Peter Vivian Daniel, Henshaw v. Miller — Opinion of the Court

“ If this were the true construction, then every injury by which one should be subjected to pecuniary loss would, directly or indirectly, be a damage to his personal property. But we are of opinion that it must have a more limited construction, and be confined to damage done to some specific personal estate of which one may be the owner. ”

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Source: Wikisource

Peter Vivian Daniel, Henshaw v. Miller — Opinion of the Court

“ In England it has been expounded to exclude all torts when the action is in form ex delicto, for the recovery of damages, and the plea not guilty. That in case of injury to the person, whether by assault, battery, false imprisonment, slander, or otherwise, if either party who received or committed the injury die, no action can be supported either by or against the executors or other personal representatives. ”

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Source: Wikisource

Peter Vivian Daniel, Henshaw v. Miller — Opinion of the Court

“ Or, if in any sense the right of action could be understood as arising from the asportation by the defendant, it must be by such an acceptation of the phrase as will apply it to the mesne profits specifically, as being personal property belonging to the plaintiff, and actually injured by the testator of the defendant in his lifetime. If more than this is sought to be deduced from the case of Lee v. Cooke's Executor, the attempt would bring the case in conflict with that of Harris v. Crenshaw, and with the opinion of Green, Justice, in the case of Thweatt's Administrator v. ”

Peter Vivian Daniel

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