Leggate v. Moulton
Massachusetts Supreme Judicial Court
Tort. The defendant demurred to the declaration; and before the demurrer came on for hearing the plaintiff died, and her administrator came in to prosecute the action; whereupon the defendant assigned as another ground of demurrer that the causes of action set forth in the declaration did not survive. Hearing before a single justice of this court, who sustained the demurrer and ordered judgment for the defendant. The plaintiff appealed to the full court.
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Tort. The defendant demurred to the declaration; and before the demurrer came on for hearing the plaintiff died, and her administrator came in to prosecute the action; whereupon the defendant assigned as another ground of demurrer that the causes of action set forth in the declaration did not survive. Hearing before a single justice of this court, who sustained the demurrer and ordered judgment for the defendant. The plaintiff appealed to the full court. The nature of the declaration is set forth in the opinion.
1Opinion of the CourtDevens, J.
The question whether the causes of action under either count of the declaration survive to the administrator who has come in to prosecute the suit, the original plaintiff having deceased, may properly be presented by demurrer. The declaration shows upon its face that the suit is for injuries alleged tc have been done to the property of the intestate in her lifetime.
*553'The first count is for an alleged imposition upon the intestate, by means of false and fraudulent representations to her of the character and pecuniary ability of one McLaughlin, by which she was induced to part with her real…
2Cited by27 opinions
- Cutter v. HamlenMassachusetts Supreme Judicial Court · 1888
- United Zinc Companies v. HarwoodMassachusetts Supreme Judicial Court · 1914
- Piper v. ChildsMassachusetts Supreme Judicial Court · 1935
- Bethlehem Fabricators, Inc. v. H. D. Watts Co.Massachusetts Supreme Judicial Court · 1934
- John V. Farwell Co. v. WolfWisconsin Supreme Court · 1897
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