United States Supreme Court Cases & Opinions

U.S. Supreme Court

Cunningham v. Rodgers, 257 U.S. 466 (1922)

Cunningham v. Rodgers

No. 42

Argued October 17, 18, 1921

Decided January 3, 1922

257 U.S. 466

Syllabus

1. An action against a consul general upon his official bond (Rev.Stats., § 1697, as amended) for damage caused by his failure to perform his official duties touching the personal property of a decedent cannot be maintained by one who is not the personal representative, but merely a possible owner of a share of the decedent's estate. P. 257 U. S. 468.

2. A declaration alleging that an American citizen, dying in China, left valuable real estate standing in his name in the land records of the United States Consulate at Shanghai, and that the consul general there, despite his duly to conserve the decedent's estate, caused one to whom he had illegally granted alleged letters testamentary to convey it to a third party without consideration, although the deceased had not devised it, and that such assumption of jurisdiction on the part of the said consul general, though illegal and void, had the effect of dissipating a valuable part of the estate to the consequent loss of the decedent's brother, the plaintiff, states no cause of action against the consul general on his official bond. P. 257 U. S. 468.

50 App.D.C. 51, 267 F.6d 9, affirmed.

Error to a judgment of the court below affirming a judgment of the Supreme Court of the District of Columbia sustaining a demurrer to the declaration in an action for debt and dismissing the action.

Page 257 U. S. 467