McIntire v. Cottrell
Massachusetts Supreme Judicial Court
Contract against a surety on the bond of Fred M. Phillips, given as administrator of the estate of William M. Phillips, late of Reading, in behalf of James M. Riley, holding a judgment against the administrator in an action brought on a judgment obtained against William M. Phillips in his lifetime.
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Contract against a surety on the bond of Fred M. Phillips, given as administrator of the estate of William M. Phillips, late of Reading, in behalf of James M. Riley, holding a judgment against the administrator in an action brought on a judgment obtained against William M. Phillips in his lifetime. Writ dated December 19, 1902. The defendant, in his answer as amended, alleged among other things, that since the date of the judgment against the administrator the defendant was petitioned into insolvency and had been discharged, and that the claim sued upon was a provable claim against the estate…
1Opinion of the CourtKhowltoit, C. J.
The plaintiff in interest is a creditor of the estate of William M. Phillips, deceased, and he sues the defendant as a surety upon the probate bond of the administrator. There has been a breach of the bond, and the only defence which we need to consider is the proof of a discharge in insolvency which was duly granted to the defendant by the Court of Insolvency in Norfolk County. The plaintiff’s claim was not mentioned or referred to in the proceedings in insolvency, and the question is whether it was provable in those proceedings. If it was, it is barred by the discharge, and judgment should…
2Cases cited5 opinions
- Cabell v. Cabell's AdministratorCourt of Appeals of Kentucky · 1858
- Thayer v. DanielsMassachusetts Supreme Judicial Court · 1872
- Murray v. WoodMassachusetts Supreme Judicial Court · 1887
- Fuller v. ConnellyMassachusetts Supreme Judicial Court · 1886
- McDermott v. HallMassachusetts Supreme Judicial Court · 1900
3Cited by5 opinions
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- Cotting v. Hooper, Lewis & Co.Massachusetts Supreme Judicial Court · 1915
- Treasurer & Receiver General v. Macdale Warehouse Co.Massachusetts Supreme Judicial Court · 1928
- Currier v. WilliamsMassachusetts Supreme Judicial Court · 1905
- Brockelman v. Western Surety Co.Massachusetts Superior Court · 2000