Copeland v. Fifield
Massachusetts Supreme Judicial Court
Contra®! for services as an architect and for plans and specifications drawn for the defendant’s intestate, Charles S. Fifield. Writ dated February 13, 1900. The case was heard in the Superior Court upon agreed facts and a judgment entered for the plaintiff in the sum of $186.20, from which the defendant appealed.
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Contra®! for services as an architect and for plans and specifications drawn for the defendant’s intestate, Charles S. Fifield. Writ dated February 13, 1900. The case was heard in the Superior Court upon agreed facts and a judgment entered for the plaintiff in the sum of $186.20, from which the defendant appealed. The plaintiff began his action more than two years after the defendant gave notice of his appointment as administrator, and the only question in the case was whether new assets within the meaning of Pub. Sts. c. 136, § 11, had come into the hands of the defendant within two years…
1Opinion of the CourtHolmes, C. J.
This is an action to recover a sum owed to the plaintiff by the defendant’s intestate. The suit was brought *224too late unless new assets have come to the defendant’s hands, in which case it is agreed that the plaintiff is to have judgment. The defendant’s intestate was in the business of making and selling shoe machinery with one Morse. After the intestate’s death, Morse carried on the business with the assistance of the defendant, and the question is whether the profits received by the latter, down to a period considerably more than two years after his giving bond, are new assets. Pub. Sts. c.…
2Cases cited11 opinions
- In re RoseCalifornia Supreme Court · 1889
- Robinson v. SimmonsMassachusetts Supreme Judicial Court · 1888
- Freeman v. FreemanMassachusetts Supreme Judicial Court · 1884
- Robinson v. HodgeMassachusetts Supreme Judicial Court · 1875
- Welsh v. WelshMassachusetts Supreme Judicial Court · 1870
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3Cited by3 opinions
- Horton v. RobinsonMassachusetts Supreme Judicial Court · 1912
- Fay v. HaskellMassachusetts Supreme Judicial Court · 1911
- Breen v. ScanlonMassachusetts District Court, Appellate Division · 1936