Stimpson v. Sprague
Supreme Judicial Court of Maine
This was an action of assumpsit, against the administratrix on the estate of .the late Joseph Sprague, Esq. a counsellor of this court; in which the plaintiff declared on a general undertaking and promise of the intestate, in consideration of his fees to be paid, to conduct a certain suit in a proper, skilful and diligent manner; and for the securing of the debt sued for in that action, to sue out execution upon' the'judgment, and deliver it to an officer within thirty days…
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This was an action of assumpsit, against the administratrix on the estate of .the late Joseph Sprague, Esq. a counsellor of this court; in which the plaintiff declared on a general undertaking and promise of the intestate, in consideration of his fees to be paid, to conduct a certain suit in a proper, skilful and diligent manner; and for the securing of the debt sued for in that action, to sue out execution upon' the'judgment, and deliver it to an officer within thirty days after the rendition of judgment; and alleged his neglect in this particular, whereby the attachment of the debtor’s…
1Opinion of the Court
Mel-t,en C. J.
delivered the opinion of the Court at the ensuing June term in Kennebec.
The only question for decision arises upon the motion in arrest of judgment, founded upon the first count; it not being contended that there was any evidence on trial applicable to either of the other counts. The counsel contends that the cause of action set forth in the first count does not by law survive against the defendant as administratrix. It certainly is an established principle of law that actions founded on a contract made by a testator or intestate survive against the executor or administrator.…
2Cases cited1 opinion
- Church v. MumfordNew York Supreme Court · 1814
3Cited by2 opinions
- Sohn v. BernsteinSupreme Judicial Court of Maine · 1971
- Weekley, Et Vir. v. KnightSupreme Court of Florida · 1934