Pillsbury v. Hubbard
Superior Court of New Hampshire
Error upon a judgment rendered in the court of common pleas, February term, 1837. as administrator of the goods and estate of Benjamin Pillsbury, deceased, commenced a suit against Hubbard, the defendant in error, founded upon two promissory notes, payable to the intestate, and purporting to be signed by Hubbard ; and obtained a judgment and execution, which was satisfied.
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Error upon a judgment rendered in the court of common pleas, February term, 1837. as administrator of the goods and estate of Benjamin Pillsbury, deceased, commenced a suit against Hubbard, the defendant in error, founded upon two promissory notes, payable to the intestate, and purporting to be signed by Hubbard ; and obtained a judgment and execution, which was satisfied. Hubbard purchased out a writ of review, and upon a trial of the action, upon the general issue, obtained a verdict; and judgment was rendered in his favor, against the goods and estate of Benjamin Pillsbury, in the hands of…
1Opinion of the CourtParker, C. J.
It appears from various cases, cited by the defendant’s counsel from the records of this county, and that of Stratford, that the practice in this state formerly was, to enter up judgment against a plaintiff executor, or administrator, in his said capacity, or against the goods, &c. of the testator or intestate in his hands ; in either of which cases execution was issued against the goods of the testator or intestate.
This practice seems to have been changed about 1823 ; and several cases are shown, since that time, in which judgment was rendered, and execution was issued against the executor…
2Cases cited2 opinions
- Hardy v. CallMassachusetts Supreme Judicial Court · 1819
- Laughran v. KellyMassachusetts Supreme Judicial Court · 1851
3Cited by1 opinion
- Keniston v. LittleSuperior Court of New Hampshire · 1855