This is a “ creditor’s bill” under the old mode of procedure. We find upon an examination of the authorities referred to, Adams’ Eq. 252 (582,) the rule is, where the fund is sufficient, upon a reference to ascertain the debts, a judgment against the executor or administrator on the admission of the debt, is taken as full proof, for the reason that the other creditors are not interested in the matter. But when the fund is «oi sufficient, each creditor is allowed to dispute the debt of any person claiming to be creditor, and the debt must he proved ele novo, before the referee; for in such eases the creditors have a direct interest in the question, debt or no debt, inasmuch as its allowance will diminish the fund “pro tanto.”
In our case the fund is insufficient, and according to the rule, the other creditors are at liberty to dispute the validity of the *696claim set up by R. F. Davidson, and are not bound by the admission or the supposed estoppel of the administrator of Zanus Grrier, growing out of the compromise between the administrator and R. F. Davidson, by which Davidson dismissed the two suits, referred to in the pleadings, and paid the costs, and the administrator agreed in consideration thereof “ to allow Davidson to prove his debt against the estate to the extent of the note.”
2. We concur with his Honor in the conclusion, that the facts found prove that the note was delivered to Wilson & Johnson, although they refused to allow it as a credit, upon Davidson’s indebtedness to their testator.
Davidson paid full value for the note by accepting it in satisfaction for his interest in the stock of goods, owned by the firm, Elms & Co., of which Davidson was a member ; and the re port finds “that the note was drawn by Ehns, payable to Wilson & Johnston, executors, in order that it might be used by Davidson as a credit on a note, which he, Davidson, owed to said executors. This accounts for its not being drawn payable to Davidson himself”
So Davidson was the beneficial owner of this note, it was not made for his accommodation, but as a matter of business, and he accepted the delivery in the name and as agent of Wilson and Johnston, under the expectation that they would give him credit for the amount upon a debt which they held against him. It is true, they refused to accept the note as a credit, but there is no evidence that they objected to his having acted as their agent, in accepting delivery for them, on the contrary, the presumption is, that they did not refuse to ratify his act, so far as to give validity to the note, and allow the legal title to stand in their names for the use of Davidson.
There is no reasou why they should have refused to ratify his action in accepting delivery, although they refused to allow it as a credit. All of the circumstances show that they did not refuse to ratify his action, so far as to give legal efiect to the *697note. For Davidson keeps the note and brings an action in their names, for his use, which action pended for several years without objection on their part.
We concur with the ruling of his Honor.
Per CubiaM. Judgment affirmed.