Walker v. Bradley
Massachusetts Supreme Judicial Court
Upon a case stated the facts were these. On the 8th of June, 1814, John Walker died, intestate, indebted to the defendant upon a promissory note. On the 31st of December following, the plaintiff, being administrator on the estate of the intestate, paid the sum due to the defendant.
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Upon a case stated the facts were these. On the 8th of June, 1814, John Walker died, intestate, indebted to the defendant upon a promissory note. On the 31st of December following, the plaintiff, being administrator on the estate of the intestate, paid the sum due to the defendant. In October 1817, the estate was represented insolvent, and on the 3d of March, 1820, a decree of distribution was passed in the probate court, ordering sixty cents only on a dollar to be paid to creditors on the amount of their claims ascertained and reported by commissioners. The plaintiff now demanded forty per…
1Opinion of the Court
Wilde J.
delivered the opinion of the Court. On the facts agreed the plaintiff is entitled to recover, on the principles laid down in the case of Walker v. Hill, 17 Mass. R. 380, unless his right of action is barred by the statute of limitations.1 This depends on the question when his right of action first accrued. The defendant’s counsel contends that it accrued immediately on payment of the money. But it is very clear, we think, tnat no action could have been maintained, without proof that the estate was insolvent; and no proof, short of a decree of the judge of probate to this effect, would…
2Cited by1 opinion
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