Thornton v. Smiley, 1 Ill. 34 (1820)

John Thornton and others, Appellants, v. George Smiley and John Bradshaw, Appellees.

Opinion of the Court. The court knows of no power in the administrator, by virtue of the trust conferred on him by law, to loan the money belonging to the estate ; if he does it, he acts upon his own responsibility, and renders himself liable to the estate. The note was made to West alone, and for that reason, the suit should have been commenced in his name, and a joinder of his co-administrators was improper, as no right of action, to recover the amount of the note, existed in them. Without determining any other question, for this ground alone, the court affirms the judgment, (a) (1)

Judgment affirmed.