Picquet v. Swan
U.S. Circuit Court for the District of Massachusetts
Assumpsit on several bills of exchange, drawn by the defendant [James Swan] in Paris, payable in Boston. On some of these bills the plaintiffs [Cyrus B. Picquet and another] declared as indorsees; on others they declared as having been indorsed to one Jean Claude Picquet, the father of the plaintiff's, in his lifetime, and afterwards he died; and the plaintiffs being his right heirs, by the law of France, “accepted the heirship "with the benefit of an inventory,” whereby…
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Assumpsit on several bills of exchange, drawn by the defendant [James Swan] in Paris, payable in Boston. On some of these bills the plaintiffs [Cyrus B. Picquet and another] declared as indorsees; on others they declared as having been indorsed to one Jean Claude Picquet, the father of the plaintiff's, in his lifetime, and afterwards he died; and the plaintiffs being his right heirs, by the law of France, “accepted the heirship "with the benefit of an inventory,” whereby they became, by the laws of France, “the beneficiary heirs and administrators of the estate” of the said J. C. Picquet at…
1Opinion of the Court
STOET, Circuit Justice.
It is not necessary to consider, how far the pleas in abatement are exact in their form, nor whether both can be pleaded successively to the writ. The substance of the objections raised upon the pleadings is, 1st. that there is a misjoinder of different causes of action, some in a personal and some in a representative character; 2d. as to the causes of action in a representative character, that no administration has been taken out in any court of probate of this state. The first objection, though it is plead-able in abatement, is fatal also in every stage of the suit,…
2Cited by3 opinions
- Dawes v. BoylstonMassachusetts Supreme Judicial Court · 1812
- Pinney v. McGregoryMassachusetts Supreme Judicial Court · 1869
- Turner v. CampbellMissouri Court of Appeals · 1907