Hurley v. Farnsworth
Supreme Judicial Court of Maine
On exceptions by plaintiff. The bill of exceptions states the case as follows: "This was an action of assumpsit upon an account annexed for the recovery of a claim against the estate of one James R. Farnsworth deceased. The declaration and account annexed are made a part of these exceptions. "The defendant seasonably demurred to the declaration, demurrer was sustained, and plaintiff had leave to amend. The amendment is made a part of these exceptions.
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On exceptions by plaintiff. The bill of exceptions states the case as follows: "This was an action of assumpsit upon an account annexed for the recovery of a claim against the estate of one James R. Farnsworth deceased. The declaration and account annexed are made a part of these exceptions. "The defendant seasonably demurred to the declaration, demurrer was sustained, and plaintiff had leave to amend. The amendment is made a part of these exceptions. "To prove the presentation to the administratrix of the claim required by section 14, chapter 89, Revised Statutes, as amended, plaintiff…
1Opinion of the CourtEmery, C. J.
By R. S., ch. 89, sec. 14, as amended by ch. 186 of the Public Laws of 1907, it is enacted that (with certain exceptions not applicable to this case) all claims against estates of deceased persons "shall be presented to the executor or administrator in writing, or filed in the probate office,” etc., and that no action shall be commenced against an executor or administrator on any such claim until thirty days after the claim has been so presented, etc. The plaintiff in this case against the estate of James R. Farnsworth did, thirty days before the commencement of his action, present to the…
2Cited by8 opinions
- Medomak Canning Co. v. YorkSupreme Judicial Court of Maine · 1948
- Scott v. RossWisconsin Supreme Court · 1923
- New England Merchants National Bank v. McKinnonSupreme Judicial Court of Maine · 1973
- Eddy v. StarbirdSupreme Judicial Court of Maine · 1937
- Houlton Trust Co. v. LumbertSupreme Judicial Court of Maine · 1939
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