Dawes v. Gooch
Massachusetts Supreme Judicial Court
Debt on an administration bond, in which the defendant was surety for Martha Leverett, to whom the judge of probate had committed the administration of the estate of her deceased husband, Thomas Leverett.
Read the full summary
Debt on an administration bond, in which the defendant was surety for Martha Leverett, to whom the judge of probate had committed the administration of the estate of her deceased husband, Thomas Leverett. Dated April 20th, 1778. The defendant, after oyer had of the bond and condition, which were in the usual form, pleads in bar, that the said Martha “ did well and truly fulfil, perform, and discharge all and singular the matters and things in the condition of the said writing obligatory expressed, on her *part to be fulfilled, performed, and discharged, according to the form and effect of…
1Opinion of the Court
By the Court.
We do not grant the motion of the plaintiff for leave to replead. It is now more than thirty years since the appointment of the administratrix, for whose faithful discharge of the trust the bond in this case was given. She is now dead, by which any means of a legal and equitable defence, which may have been in her power, may be lost to the present defendant; and thus more mischief might be produced by the best investigation, which is at present possible, than can arise from finally closing the business where it now stands. The defendant’s plea is adjudged good; and *408let him have…
2Cited by3 opinions
- Robbins v. HaywardMassachusetts Supreme Judicial Court · 1820
- Hayford v. EverettSupreme Judicial Court of Maine · 1878
- Bailey v. RogersSupreme Judicial Court of Maine · 1821