Codman v. Rogers
Massachusetts Supreme Judicial Court
This was a bill in eqijity commenced in July 1828, by the plaintiff, as executor of John Codman, against the defendant, as administratrix of Penuel B. Rogers.
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This was a bill in eqijity commenced in July 1828, by the plaintiff, as executor of John Codman, against the defendant, as administratrix of Penuel B. Rogers. The bill alleges, that in 1798 the testator entered into partnership with the intestate, by indenture, in the business of manufacturing cordage, for the term of five years ; that the copartners carried on the business until May 1803, when the testator died, whereby the partnership was dissolved ; that in 1803 and 1804, the intestate and the plaintiff divided between them all the stock of cordage materials remaining on band, and the…
1Opinion of the Court
Wilde J.
delivered the opinion of the Court. The plaintiff moves that the plea of the defendant may be overruled ; and several reasons are assigned in support of this motion.
The first is, because the plea is insufficient in not averring that the cause of action accrued to the plaintiff six years and thirty days before the death of the defendant’s intestate, the plaintiff contending, that by St. 1793, c. 75, § 3, he was entitled to commence this suit at any time within two years after the granting of letters of administration to the defendant, provided the action was not barred thirty days…
2Cited by1 opinion
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