Coney v. Williams
Massachusetts Supreme Judicial Court
Debt on an administration bond. The defendants, in tneir plea in bar, set forth the condition in hcec verba, * which is in the form prescribed by the statute, and then they aver a performance generally. The plaintiff replies, that one William Blackstone, for whose use this action is brought, recovered a judgment against the administrators, which they were requested to pay, but have never paid, although they had in their hands sufficient assets for that purpose.
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Debt on an administration bond. The defendants, in tneir plea in bar, set forth the condition in hcec verba, * which is in the form prescribed by the statute, and then they aver a performance generally. The plaintiff replies, that one William Blackstone, for whose use this action is brought, recovered a judgment against the administrators, which they were requested to pay, but have never paid, although they had in their hands sufficient assets for that purpose. The defendants rejoin, protesting that the administrators had not sufficient assets, &c.; that pending the suit of Blackstone against…
1Opinion of the CourtSewall, J.
The replication in this case shows substántially a breach of the condition of the bond, sued in the name of the judge of probate for the benefit of William Blackstone; and therefore, if not traversed or excused, the plaintiff is entitled to judgment; the defendant’s plea of a full performance of the condition being falsified. The breach is not so formally averred as it might be; not *111being *a direct assignment of a breach as applied to the words of the condition.
The words of the condition, t« which the breach assigned applies, are — “ that the goods, &c., of the deceased, at the time of his…
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