Legal Opinion

Pinney v. McGregory

Massachusetts Supreme Judicial Court

Decided September 15, 1869PublishedCited by 46 opinions

Contract by the plaintiff as administrator of the estate of Rufus G. Pinney, against McGregory and John C. Stanton and Daniel Stanton, upon several promissory notes made by the defendants, payable to the order of the intestate, and overdue Writ dated November 27, 1867. McGregory was defaulted. The other defendants answered, denying the signature and consideration of the notes, and leaving the plaintiff to prove his appointment as administrator.

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Contract by the plaintiff as administrator of the estate of Rufus G. Pinney, against McGregory and John C. Stanton and Daniel Stanton, upon several promissory notes made by the defendants, payable to the order of the intestate, and overdue Writ dated November 27, 1867. McGregory was defaulted. The other defendants answered, denying the signature and consideration of the notes, and leaving the plaintiff to prove his appointment as administrator. At the trial in the superior court, before Putnam, J., the signature of the notes was conceded, and evidence was introduced of the following facts :…

1Opinion of the CourtGkay, J.

This action is brought by the plaintiff as administrator of Rufus G. Pinney, to recover the amount of several promissory notes, signed by the defendants, and payable to the order of the intestate. The defendants rely upon two grounds of defence; 1st. That the plaintiff cannot maintain the action, because he has not been duly appointed administrator in this Commonwealth; 2d. That the intestate himself never had any cause of action.

1. The first of these objections presents an interesting questioi of probate jurisdiction. The record of the probate court of th-s county does not show whether it…

2Cases cited4 opinions

  1. Stevens v. GaylordMassachusetts Supreme Judicial Court · 1814
  2. Dawes v. BoylstonMassachusetts Supreme Judicial Court · 1812
  3. Goodwin v. JonesMassachusetts Supreme Judicial Court · 1807
  4. Picquet v. SwanU.S. Circuit Court for the District of Massachusetts · 1824

3Cited by46 opinions

  1. Wyman v. HalsteadSupreme Court of the United States · 1884
  2. Blanchard v. . BlanchardNew York Court of Appeals · 1911
  3. Gordon v. SheaMassachusetts Supreme Judicial Court · 1938
  4. Merrill v. New England Mutual Life InsuranceMassachusetts Supreme Judicial Court · 1869
  5. Old Colony Trust Co. v. PorterMassachusetts Supreme Judicial Court · 1949

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