Legal Opinion

Holden v. James

Massachusetts Supreme Judicial Court

Decided September 15, 1814PublishedCited by 67 opinions

Assumpsit for money had and received by the defendant’s intestate for the use of the plaintiff, for money laid out and expended, &e. The action was submitted to thq determination of the Court upon the following facts agreed by the parties: — • *On the 4th day of February, 1805, administration [ *39T ] of the goods and estate of Amos Ranger, who had deceased in the preceding December, was committed to Hannah Ranger, his widow, and to Jonas Eaton, Jun., at her special request.

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Assumpsit for money had and received by the defendant’s intestate for the use of the plaintiff, for money laid out and expended, &e. The action was submitted to thq determination of the Court upon the following facts agreed by the parties: — • *On the 4th day of February, 1805, administration [ *39T ] of the goods and estate of Amos Ranger, who had deceased in the preceding December, was committed to Hannah Ranger, his widow, and to Jonas Eaton, Jun., at her special request. The plaintiff and one Richard Kelley were their sureties in the bond for their faithful administration, &c. On the 4th…

1Opinion of the CourtJackson, J.

This action is brought to recover a sum of money, said to be due from the defendant, as administrator of Hannah Ranger. The defendant relies for his defence upon the statute of 1788, c. 66, and the additional act of 1791, c. 28, by which, in order to relieve executors and administrators from the great loss and trouble to which they are exposed, “ by reason of demands brought against them after they have closed their accounts of administration, and after settlement of the estates they have administered is made among the heirs or devisees,” it is enacted, that “ No executor or administrator…

2Cases cited2 opinions

  1. Walter v. BaconMassachusetts Supreme Judicial Court · 1812
  2. Patterson v. PhilbrookMassachusetts Supreme Judicial Court · 1812

3Cited by67 opinions

  1. State of Florida Ex Rel. Davis v. City of StuartSupreme Court of Florida · 1929
  2. Cathey v. WeaverTexas Supreme Court · 1922
  3. South & North Alabama Railroad v. MorrisSupreme Court of Alabama · 1880
  4. City of Boston v. Keene Corp.Massachusetts Supreme Judicial Court · 1989
  5. Durkee v. City of JanesvilleWisconsin Supreme Court · 1871

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