Keith v. Molineux
Massachusetts Supreme Judicial Court
Contract, for services as an attorney at law rendered to the defendant’s intestate. Answer: 1. A general denial. 2. That the whole of the effects of the defendant’s estate which have come into his hands have been exhausted in the payment of the charges of administration and of debts and claims entitled to a preference. 3. That the plaintiff is not a preferred creditor.
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Contract, for services as an attorney at law rendered to the defendant’s intestate. Answer: 1. A general denial. 2. That the whole of the effects of the defendant’s estate which have come into his hands have been exhausted in the payment of the charges of administration and of debts and claims entitled to a preference. 3. That the plaintiff is not a preferred creditor. The case was submitted to the Superior Court, and, after judgment for the defendant, to this court, on appeal, upon agreed facts, in substance as follows. The defendant is the administrator of the estate of Ella L. M. Starr,…
1Opinion of the CourtHolmes, J.
The question intended to be presented is whether the defendant has in his hands any assets applicable to the payment of a debt admitted to have been due to the plaintiff from the defendant’s intestate. The only property was an interest in real estate subject to a mortgage. This was sold by the defendant for eight hundred dollars, that being just about the amount of the mortgage and interest. The question more specifically is, whether the eight hundred dollars are to be applied to the mortgage in the first place. The plaintiff, going on the fact that the *501defendant, as administrator, only had…
2Cases cited2 opinions
- Fuller v. ConnellyMassachusetts Supreme Judicial Court · 1886
- Osterhout v. HardenberghNew York Supreme Court · 1822
3Cited by7 opinions
- McKim v. HaleyMassachusetts Supreme Judicial Court · 1899
- Grant v. CrowleyMassachusetts Supreme Judicial Court · 1914
- McIntire v. ParkerMassachusetts Supreme Judicial Court · 1907
- Copeland v. FifieldMassachusetts Supreme Judicial Court · 1902
- Edwards v. BarnesMassachusetts Supreme Judicial Court · 1896
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