Cutter v. Emery
Supreme Court of New Hampshire
In Assumpsit. The facts agreed were as follows: Charles "W". Cutter, son of Jacob Cutter, and brother of Ralph C. Cutter, was appointed navy agent of the United States, at Portsmouth, by a commission signed by the President, dated September 18, 1849, to continue in force four years from October 1, 1849. He gave a bond to the United States, dated October 10, 1849, signed by himself as principal, and by Jaeob Cutter, Ralph C. Cutter, Horatio Coffin, Ichabod Bartlett, and…
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In Assumpsit. The facts agreed were as follows: Charles "W". Cutter, son of Jacob Cutter, and brother of Ralph C. Cutter, was appointed navy agent of the United States, at Portsmouth, by a commission signed by the President, dated September 18, 1849, to continue in force four years from October 1, 1849. He gave a bond to the United States, dated October 10, 1849, signed by himself as principal, and by Jaeob Cutter, Ralph C. Cutter, Horatio Coffin, Ichabod Bartlett, and Charles "W. March, as sureties, with a condition, “ that if the above bound Charles "W. Cutter, shall faithfully discharge…
1Opinion of the CourtBell, J.
Under our statute, (Rev. Stat., chap. 161, sec. 10) this action is well commenced, and may be maintained if the executrix takes out letters testamentary, and enters an appearance, indorses the writ, &c., though she has no authority to act as executrix when the suit is brought.
It is objected that the present action cannot be sustained, because the claim was not presented to the administrator within two years, nor the suit brought within three years, after the original grant of administration. It is not suggested that the estate is insolvent, nor that the administration has been suspended, nor…
2Cases cited5 opinions
- Winship v. BassMassachusetts Supreme Judicial Court · 1815
- Daniel v. BallardCourt of Appeals of Kentucky · 1834
- Byers v. McClanahanCourt of Appeals of Maryland · 1834
- Beaman v. BlanchardNew York Supreme Court · 1830
- Stagg v. MunroNew York Supreme Court · 1832
3Cited by1 opinion
- Cook v. CrabtreeTennessee Supreme Court · 1987