Cogswell v. Concord & Montreal Railroad
Supreme Court of New Hampshire
Case, for negligently causing the death of the plaintiff’s intestate, Edgar A. Holbrook, on December 10, 1892. Facts found by the court. The plaintiff was appointed administrator in February, 1893, and on June 17, 1893, executed to the defendants a release under seal of all causes of action on account of said injury. The deceased was survived by a widow and two minor children.
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Case, for negligently causing the death of the plaintiff’s intestate, Edgar A. Holbrook, on December 10, 1892. Facts found by the court. The plaintiff was appointed administrator in February, 1893, and on June 17, 1893, executed to the defendants a release under seal of all causes of action on account of said injury. The deceased was survived by a widow and two minor children. No guardian of the children was appointed. ' On December 1, 1893, the widow caused this action to he brought. The defendants pleaded the release in bar, and the plaintiff demurred.
1Opinion of the CourtSmith, J.
The demurrer raises the question whether the release pleaded is a bar to the action; in other words, whether an administrator in this class of actions has the power to release the cause of action.
A debt due from an insolvent person may be compromised and discharged on payment of such part thereof as the administrator deems proper, and he shall be chargeable only for the amount received. P. S., c. 189, s. 10; R. S., c. 159, s. 8; G. S., c. 177, s. 9; G. L., c. 196, s. 9. This is a re-enactment of the statute of July 1, 1825, which provided that judges of probate, upon application, might…
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- Niemi v. Boston & Maine RailroadSupreme Court of New Hampshire · 1934
- Morrison v. Boston & Maine RailroadSupreme Court of New Hampshire · 1933
- American Car & Foundry Co. v. AndersonCourt of Appeals for the Eighth Circuit · 1914
- Atherton v. GaslinCourt of Appeals of Kentucky · 1922
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