Trueman v. Tilden
Superior Court of New Hampshire
This was an action of assumpsit for the price of a coffin, and was tried here, «pon the general issue, at May term, 1832 ; when it appeared, that, upon the decease of Joseph Tilden, the father of the defendant, Joel Tilden^ applied to the plaintiff to make the coffin, but said nothing about the payment, or the price ; that the plaintiff made, and delivered the coffin ; and that the defendant was afterwardsduly appointed administrator of the estate of the deceased and…
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This was an action of assumpsit for the price of a coffin, and was tried here, «pon the general issue, at May term, 1832 ; when it appeared, that, upon the decease of Joseph Tilden, the father of the defendant, Joel Tilden^ applied to the plaintiff to make the coffin, but said nothing about the payment, or the price ; that the plaintiff made, and delivered the coffin ; and that the defendant was afterwardsduly appointed administrator of the estate of the deceased and discharged the trust. The plaintiff introduced evidence tending to prove that the defendant, at the time of the delivery,…
1Opinion of the CourtRichaRdson, C. J.
There is no doubt, that the funeral expenses are a charge upon the estate of a deceased person. 4 Burns’ E. Law. 289; Wentworth, 129, 172 & 292; 2 Bl. Com. 508; Lovelass, 51; Godolphin, 204; 1 Barn. and Adolphus, 260, Hancock v. Podmore; Buller’s N. P. 143.
There are cases, in which an executor, or administrator, may sue either in his own name or as executor or administrator. 14 Mass. Rep. 327, Mowry v. Adams; 9 Pick. 432, Williams v. Moore; 1 B. & C. 150, Cutherwood v. Chabaud; 3 East, 109; 1 D & E. 489.
There are cases where an administrator may be liable, as such, although no demand ever…
2Cases cited1 opinion
- Mowry v. AdamsMassachusetts Supreme Judicial Court · 1817
3Cited by1 opinion
- Livermore v. RandSuperior Court of New Hampshire · 1852