Quincy v. Quincy
Massachusetts Supreme Judicial Court
Conteact, against the surviving administrator of the estate of Josiah Quincy, upon a promissory note for $15,000, dated May 22,1882, payable on demand to the plaintiff, signed by the defendant’s intestate, and witnessed. Writ dated July 30,1894. The answer, among other defences, set up the special statute of limitations, Pub.
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Conteact, against the surviving administrator of the estate of Josiah Quincy, upon a promissory note for $15,000, dated May 22,1882, payable on demand to the plaintiff, signed by the defendant’s intestate, and witnessed. Writ dated July 30,1894. The answer, among other defences, set up the special statute of limitations, Pub. Sts. c. 136, §§ 9, 11. The plaintiff filed a replication, alleging that assets of the estate of the deceased had come to the defendant’s hands after the expiration of two years from the time of his giving bond; and that the action was commenced within one year after the…
1Opinion of the CourtHolmes, J.
This is an action brought by the payee of a note against the administrator of the maker, nearly twelve years after the defendant gave bond. The plaintiff seeks to avoid the statute of limitations, on the ground that assets have come to the defendant’s hands within the time limited by Pub. Sts. c. 136, § 11. The case was submitted to the Superior Court on an agreed statement with power to draw inferences, and the only question for us is whether the court was warranted in concluding that the plaintiff had made out his case.
The facts necessary to be mentioned are few. Some time before the death…
2Cases cited2 opinions
- Robinson v. HodgeMassachusetts Supreme Judicial Court · 1875
- Gould v. CampMassachusetts Supreme Judicial Court · 1892
3Cited by5 opinions
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- Horton v. RobinsonMassachusetts Supreme Judicial Court · 1912
- Fay v. HaskellMassachusetts Supreme Judicial Court · 1911
- Copeland v. FifieldMassachusetts Supreme Judicial Court · 1902
- Breen v. ScanlonMassachusetts District Court, Appellate Division · 1936