Palmer v. Merrill
Massachusetts Supreme Judicial Court
These were actions of assumpsit against the defendant as the administrator of Asa Spaulding, late of Charlestown, deceased, and were tried before Metcalf, J., in this court. The writ in the first-named case, which was dated the 26th of March, 1849, contained the common counts, accompanied by a specification of claim, set forth at length in a special declaration, which was afterwards filed in the cause.
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These were actions of assumpsit against the defendant as the administrator of Asa Spaulding, late of Charlestown, deceased, and were tried before Metcalf, J., in this court. The writ in the first-named case, which was dated the 26th of March, 1849, contained the common counts, accompanied by a specification of claim, set forth at length in a special declaration, which was afterwards filed in the cause. In the special declaration, the plaintiff alleged, that, on the 26th of May, 1847, the Massachusetts Hospital life insurance company caused the life of the defendant’s intestate to be insured,…
1Opinion of the CourtShaw, C. J.
This is a suit against the defendant as administrator of the estate of Asa Spaulding, in which the plaintiff seeks to recover the whole amount due to him on certain notes, due from said Asa Spaulding. It is conceded that the estate of Spaulding has been represented insolvent; and, it is therefore quite clear, that the plaintiff cannot recover his full debt, to the injury of other creditors, unless there are circumstances which distinguish this case from the ordinary case of a claim on an insolvent estate. The plaintiff undertakes thus to distinguish it, by showing that he had a lien on a…
2Cases cited1 opinion
- Welch v. MandevilleSupreme Court of the United States · 1816
3Cited by7 opinions
- Hills v. JonesMassachusetts Supreme Judicial Court · 1877
- Warburton v. GourseMassachusetts Supreme Judicial Court · 1906
- Goodrich v. HansonMassachusetts Supreme Judicial Court · 1921
- Carleton v. WakefieldMassachusetts Supreme Judicial Court · 1873
- Longley v. CleavlandMassachusetts Supreme Judicial Court · 1882
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