Fuller v. Cushman
Massachusetts Supreme Judicial Court
Contract, against David B. Cushman, administrator of the estate of Sally M. Presbrey, and Jacob B. Phillips and Hiram O. Benton, sureties upon a probate bond given by said Cushman as such administrator. Hearing before Field, O. J., who reported the case for the consideration of the full court. If, .on the facts agreed and found, the action could not be maintained, judgment was to be entered for the defendants.
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Contract, against David B. Cushman, administrator of the estate of Sally M. Presbrey, and Jacob B. Phillips and Hiram O. Benton, sureties upon a probate bond given by said Cushman as such administrator. Hearing before Field, O. J., who reported the case for the consideration of the full court. If, .on the facts agreed and found, the action could not be maintained, judgment was to be entered for the defendants. If on the facts found the action could be maintained, but only for nominal damages, even if on accounting a substantial sum should be found due from the defendant Cushman, then judgment…
1Opinion of the CourtMorton, J.
This is an action upon a probate bond. Several breaches are alleged in the declaration, but the only one which is relied on is the failure of the administrator to render an account. It is agreed that he never has rendered one. The defences are that the estate was settled more than twenty-five years ago, that it does not appear that within twenty years of the date of the petition for leave to sue the bond there was any recognition on the part of the administrator of his liability as such, that the action is barred by the statute of limitations, and that there was no decree of the Probate Court…
2Cases cited3 opinions
- Kent v. DunhamMassachusetts Supreme Judicial Court · 1871
- Harlow v. DehonMassachusetts Supreme Judicial Court · 1872
- Bennett v. WoodmanMassachusetts Supreme Judicial Court · 1875
3Cited by5 opinions
- McIntire v. LinehanMassachusetts Supreme Judicial Court · 1901
- Wentz v. StateNebraska Supreme Court · 1922
- Tucker v. StewartSupreme Court of Iowa · 1910
- McCoole v. MackintoshMassachusetts Supreme Judicial Court · 1934
- Metropolitan Finance Corp. v. Maryland Casualty Co.Massachusetts Supreme Judicial Court · 1944