Blanchard v. Allen
Massachusetts Supreme Judicial Court
Contract upon an account annexed for sawing lumber for Harvey Strong and Chester Strong. Writ dated October 12, 1872. Answer: 1. A general denial; 2. The general statute of limitations; 3. The special statute of limitations of actions against executors and administrators.
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Contract upon an account annexed for sawing lumber for Harvey Strong and Chester Strong. Writ dated October 12, 1872. Answer: 1. A general denial; 2. The general statute of limitations; 3. The special statute of limitations of actions against executors and administrators. Trial in the Superior Court, before Aldrich, J., who by consent of the parties before verdict withdrew the case from the jury, and reported it for the consideration of this court, in substance as follows : Harvey Strong died May 16,1862, and Chester Strong died February 27, 1863. They were copartners, and the sawing was done…
1Opinion of the CourtGray, C. J.
The plaintiff’s right of action against the defendant as administrator of Harvey Strong is clearly barred by the statute limiting actions against executors and administrators to two years from the time of their giving bond. Gen. Sts. c. 97, §5.
is equally barred against the defendant as administrator of Chester Strong. Neither § 20 of c. 99 of the Gen. Sts., prohibiting the maintenance of an action against the administrator after the estate has been represented insolvent, unless the assets prove more than sufficient to pay all the debts allowed by the commissioners ; nor § 25 of the same…
2Cases cited2 opinions
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- Tarbell v. ParkerMassachusetts Supreme Judicial Court · 1871
3Cited by6 opinions
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- Harmon v. FaganSupreme Judicial Court of Maine · 1931
- Doe v. ErwinMassachusetts Supreme Judicial Court · 1883
- Edmunds v. RockwellMassachusetts Supreme Judicial Court · 1878
- Eastman v. AllenMassachusetts District Court, Appellate Division · 1940
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