Legal Opinion

Hobart v. Connecticut Turnpike Co.

Supreme Court of Connecticut

Decided June 15, 1842PublishedCited by 21 opinions

This was an action of debt, brought by the plaintiff, as administrator of the estate of Sarah Starlin, deceased, late of the city of New-York, to recover certain dividends made on ten shares of the capital stock of The Connecticut Turnpike Company, after her decease. The defendants pleaded, that the cause of action did not accrue to the plaintiff at any time within six years before the commencement of the plaintiff’s action against them. On this allegation, issue was joined.

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This was an action of debt, brought by the plaintiff, as administrator of the estate of Sarah Starlin, deceased, late of the city of New-York, to recover certain dividends made on ten shares of the capital stock of The Connecticut Turnpike Company, after her decease. The defendants pleaded, that the cause of action did not accrue to the plaintiff at any time within six years before the commencement of the plaintiff’s action against them. On this allegation, issue was joined. Sarah Starlin died in the state of New-York, in the year 1822 ; and, at the time of her decease, was the owner of ten…

1Opinion of the CourtHinman, J.

So much of the finding of the court, as relates to the approving of the will of Mrs. Startin in New-York, the acceptance of the trust by the executors, and the conduct of the executors in relation to the estate, under the orders of the surrogate, may be laid entirely out of consideration.

No claim is made, by the plaintiff, for any dividends on this turnpike stock, accruing previous to April, 1826, or subsequent to April, 1834. It is, therefore, wholly immaterial, whether any of those dividends have been paid to the executors in New-York, or not. As they are not now demanded in this suit, they…

2Cases cited3 opinions

  1. Dixon's Executors v. Ramsay's ExecutorsSupreme Court of the United States · 1806
  2. Riley v. RileyU.S. Circuit Court for the District of Connecticut · 1808
  3. Champlin v. TilleyU.S. Circuit Court for the District of Connecticut · 1809

3Cited by21 opinions

  1. American R. Co. of Porto Rico v. CoronasCourt of Appeals for the First Circuit · 1916
  2. Equitable Trust Co. v. PlumeSupreme Court of Connecticut · 1918
  3. Bucklin v. FordNew York Supreme Court · 1849
  4. Andrews v. Hartford & New Haven RailroadSupreme Court of Connecticut · 1867
  5. Brenner v. QuickIndiana Supreme Court · 1883

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