Thurlough v. Kendall
Supreme Judicial Court of Maine
On eaots agreed. Debt on an administration bond, brought for the benefit of Ansel Lathrop, who recovered judgment by default against Sharon "W. Kendall, as adminstrator of the estate of the late "Waterman B. Kendall. Payment of the execution issued upon that judgment was demanded and refused, and the officer made his return of nulla bona thereon.
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On eaots agreed. Debt on an administration bond, brought for the benefit of Ansel Lathrop, who recovered judgment by default against Sharon "W. Kendall, as adminstrator of the estate of the late "Waterman B. Kendall. Payment of the execution issued upon that judgment was demanded and refused, and the officer made his return of nulla bona thereon. It was admitted that none of the conditions of the administration bond have been performed; and, on the other hand, that no property of the intestate came into the hands of the ad-1 ministrator.
1Opinion of the CourtPeters, J.
The plaintiff in this case makes out & prima facie case by the production of a judgment in his favor against the principal defendant as administrator, together with an execution duly demanded, and a return of nulla bona thereon.
The defence set up by the administrator is, that no assets have come to his hands wherewith to pay the claim, and that for that reason he and his sureties are exonerated therefrom. It appears that the estate was utterly worthless; that no inventory was returned ; that no representation of insolvency was made, and that no account was ever rendered to the probate court.…
2Cases cited2 opinions
- Ruggles & Hooker v. ShermanNew York Supreme Court · 1817
- Platt v. RobinsNew York Supreme Court · 1800
3Cited by1 opinion
- Tibbetts v. ShapleighSupreme Court of New Hampshire · 1881