Corliss Steam Engine Co. v. Schumacher
Massachusetts Supreme Judicial Court
Contract against the administrator of the estate of Elias P. King, for money had and received by his intestate. Writ dated March 20, 1869. At the trial in this court, before Colt, J., it appeared that the cause of action accrued in 1860; that the intestate was then a resident of this state, but that in March 1865 he removed to Wisconsin, where he died in the following April ; that administration was taken on bis estate in this county, and the defendant was appointed the…
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Contract against the administrator of the estate of Elias P. King, for money had and received by his intestate. Writ dated March 20, 1869. At the trial in this court, before Colt, J., it appeared that the cause of action accrued in 1860; that the intestate was then a resident of this state, but that in March 1865 he removed to Wisconsin, where he died in the following April ; that administration was taken on bis estate in this county, and the defendant was appointed the administrator, in August 1865 ; but that he gave no notice of his appointment till 1870. On these facts, the judge ruled…
1Opinion of the CourtWells, J.
This suit was not brought “ within two years after the grant of letters of administration,” as allowed by the Gen, Sts. e. 155, § 10. The only question, then, is whether it is “ otherwise barred ” by the provisions of the same chapter. It was not barred by the statutes limiting actions against executors and administrators, for the reason that no notice of appointment had been published.
The plaintiff contends that the general provisions of the Gen. Sts. o. 155, §§ 1, 9, do not bar the claim, because the debtor had left the state before the expiration of six years after the right of *418action…
2Cited by9 opinions
- Breen v. BurnsMassachusetts Supreme Judicial Court · 1932
- Slocum v. RileyMassachusetts Supreme Judicial Court · 1887
- Converse v. JohnsonMassachusetts Supreme Judicial Court · 1888
- Everett Trust Co. v. Waltham Theatre Amusement Co.Massachusetts Supreme Judicial Court · 1929
- Slattery v. DoyleMassachusetts Supreme Judicial Court · 1901
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