Fogg v. Holbrook
Supreme Judicial Court of Maine
Agreed statement. This was an action of assumpsit, brought in the Superior Court, for Cumberland county, under R. S., c. 64, § 53, ande. 66, § 14, to recover for a burial casket, etc., and the personal services of the plaintiff, as an undertaker, rendered at the funeral of the defendant’s testatrix.
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Agreed statement. This was an action of assumpsit, brought in the Superior Court, for Cumberland county, under R. S., c. 64, § 53, ande. 66, § 14, to recover for a burial casket, etc., and the personal services of the plaintiff, as an undertaker, rendered at the funeral of the defendant’s testatrix. (Declaration.) "Also, for that the estate of said Sarah M. Stetson and the said Samuel A. Holbrook, as executor thereof, at said Freeport, to wit, at said Portland on the day of the purchase of this writ, being indebted to the plaintiff in the sum of one hundred forty-nine dollars and sixty cents…
1Opinion of the CourtWiswell, J.
This is an action of assumpsit, brought against the defendant in his capacity as executor of the will of Sarah M. Stetson, to recover for a .casket and other articles furnished by the plaintiff, an undertaker, for the burial of the testatrix.
The articles were selected and ordered by a brother of the deceased, her nearest relative, and others, without the personal knowledge, consent or subsequent ratification of the defendant, the executor, who although he knew of her death and that he *172was named as executor in her will, gave no directions and made no arrangements in regard to the funeral.
The…
2Cases cited1 opinion
- Sweeney v. MuldoonMassachusetts Supreme Judicial Court · 1885
3Cited by13 opinions
- Hildebrand v. KinneyIndiana Supreme Court · 1909
- Bowen v. . DaughertySupreme Court of North Carolina · 1915
- Phillips v. First Nat. BankSupreme Court of Alabama · 1922
- Cape Girardeau Bell Telephone Co. v. HamilMissouri Court of Appeals · 1911
- Phillips, Admr. v. TribbeyIndiana Court of Appeals · 1923
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