Robinson v. Hodge
Massachusetts Supreme Judicial Court
Contract on a bond given by the first named defendant as principal, and the others as sureties, conditioned that the said Hodge, who had been appointed administratrix of Nehemiah Hodge, should administer the estate of the intestate according to law, and render an account.
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Contract on a bond given by the first named defendant as principal, and the others as sureties, conditioned that the said Hodge, who had been appointed administratrix of Nehemiah Hodge, should administer the estate of the intestate according to law, and render an account. Writ dated August 22, 1872. The declaration alleged the appointment of the administratrix and the giving the bond in suit; that an inventory was taken and filed, and the administratrix received the amount therein named, $21,286.72; that an account was rendered by her showing a balance in her hands of $10,605.05; that on…
1Opinion of the CourtWells, J.
It was held in Dawes v. Shed, 15 Mass. 6, that sureties upon the bond of an administrator could not be held liable to a creditor of the estate for the amount of a judgment • obtained by him in a suit commenced after the claim was barred by the statute limiting actions against executors and administrators, to which the administrator neglected to plead the statute. We are not aware that that decision has been limited or qualified in any way since. It is referred to with approval in Heard v. Lodge, 20 Pick. 53, 58, by Mr. Justice Dewey, stating more fully and precisely the rule and the reason…
2Cases cited2 opinions
- Dawes v. ShedMassachusetts Supreme Judicial Court · 1818
- Fall v. McMurdyCourt of Appeals of Kentucky · 1860
3Cited by14 opinions
- Taylor v. United StatesMassachusetts Supreme Judicial Court · 1949
- Fuller v. ConnellyMassachusetts Supreme Judicial Court · 1886
- Stebbins v. ScottMassachusetts Supreme Judicial Court · 1899
- Bennett v. GrahamSupreme Court of Georgia · 1884
- McKim v. HaleyMassachusetts Supreme Judicial Court · 1899
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