Forbes v. Allen
Massachusetts Supreme Judicial Court
"Contract against the sureties upon a probate bond given by one. George H. Roy as guardian of Alphonse Deschenes, a spendthrift. Writ dated May 14, 1918. The defendant’s answer, filed on June 6, 1918, was a general denial. It was agreed by the parties that judgment be entered for the plaintiff in the penal sum named in the bond, $2,000, and that the action be referred to an assessor for the assessment of damages.
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"Contract against the sureties upon a probate bond given by one. George H. Roy as guardian of Alphonse Deschenes, a spendthrift. Writ dated May 14, 1918. The defendant’s answer, filed on June 6, 1918, was a general denial. It was agreed by the parties that judgment be entered for the plaintiff in the penal sum named in the bond, $2,000, and that the action be referred to an assessor for the assessment of damages. The action was so referred on November 6, 1920. On March 25,1920, the defendant Allen filed a motion to amend his answer by setting up the alleged agreement, described in the…
1Opinion of the CourtRugg, C. J.
This is an action upon a bond given by a guardian to the judge of probate. Judgment was entered for the plaintiff for the penal sum of the bond. The case was then referred to an assessor “to hear the parties and their evidence, assess the damages and report his findings.” Several questions of law are presented in the report.
An assessor is not a species of auditor but a different kind of officer. Speirs v. Union Drop Forge Co. 180 Mass. 87, 89. Certain questions of law are stated in the report as having been raised before the assessor. Carew v. Stubbs, 161 Mass. 294, and cases there cited.…
2Cases cited18 opinions
- Mark v. Stuart-Howland Co.Massachusetts Supreme Judicial Court · 1917
- Speirs v. Union Drop Forge Co.Massachusetts Supreme Judicial Court · 1901
- Harmon v. WestonMassachusetts Supreme Judicial Court · 1913
- Prest v. ColeMassachusetts Supreme Judicial Court · 1903
- White v. Beverly Building Ass'nMassachusetts Supreme Judicial Court · 1915
13 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- Jones v. JonesMassachusetts Supreme Judicial Court · 1937
- Savage v. WelchMassachusetts Supreme Judicial Court · 1923
- Malden Trust Co. v. BrooksMassachusetts Supreme Judicial Court · 1935
- See v. Building CommissionerMassachusetts Supreme Judicial Court · 1923
- Banionis v. LakeMassachusetts Supreme Judicial Court · 1935
7 more not listed; retrieve them via the Exa API.