Merrill v. Woodbury
Supreme Court of New Hampshire
Assumpsit, on a promissory note given by the defendant to the plaintiff’s husband now deceased. The plaintiff sues as administratrix without appointment, under Gen. Laws, c. 198, s. 10, and has secured the claim by attachment of the defendant’s property. Since the commencement of the suit, Weeks has been appointed administrator of Merrill’s estate, and declines to indorse the writ and prosecute the suit.
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Assumpsit, on a promissory note given by the defendant to the plaintiff’s husband now deceased. The plaintiff sues as administratrix without appointment, under Gen. Laws, c. 198, s. 10, and has secured the claim by attachment of the defendant’s property. Since the commencement of the suit, Weeks has been appointed administrator of Merrill’s estate, and declines to indorse the writ and prosecute the suit. The motion of the defendant to dismiss the action for want of prosecution by the administrator was denied, and the defendant excepted.
1Opinion
It would be a serious hardship and a grave injustice, if, after the plaintiff has lawfully brought her action as administratrix (G. L., c. 198, s. 10), she should, without fault of her own, lose the suit, because the administrator, subsequently appointed, and disregarding her interests, refuses to come in and prosecute it. Having in good faith undertaken to collect a claim belonging to her husband's estate, in which she has an interest, a compulsory abandonment of the suit may leave her without other redress than the precarious chance of charging the administrator, on the settlement of his…
2Cases cited8 opinions
- Stebbins v. Lancashire Ins.Supreme Court of New Hampshire · 1879
- Merrill v. PerkinsSupreme Court of New Hampshire · 1879
- Boudreau v. EastmanSupreme Court of New Hampshire · 1879
- Buckminster v. WrightSupreme Court of New Hampshire · 1879
- Folsom v. Orient Fire Ins.Supreme Court of New Hampshire · 1879
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