Legal Opinion

Heath v. Gay

Massachusetts Supreme Judicial Court

Decided October 15, 1813PublishedCited by 2 opinions

This was an action of debt, brought in the name of the judge of probate for the county of Norfolk, against the defendant, who was surety in an administration bond, for the benefit of a creditor of the intestate, whose estate was insolvent; the creditor’s demand having been allowed by the commissioners upon the estate, and a distribution decreed by the judge; the administrator, who was principal in the bond, having died insolvent soon after the decree of distribution was…

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This was an action of debt, brought in the name of the judge of probate for the county of Norfolk, against the defendant, who was surety in an administration bond, for the benefit of a creditor of the intestate, whose estate was insolvent; the creditor’s demand having been allowed by the commissioners upon the estate, and a distribution decreed by the judge; the administrator, who was principal in the bond, having died insolvent soon after the decree of distribution was made. The forfeiture being confessed, and the defendant having moved to be heard in chancery,

1Opinion of the Court

The Court

took time for consideration, and afterwards, observing that they did not hold themselves bound by the decision in the case cited, decreed that interest should be added [ * 372 ] * to the sum found due by the judge’s decree, from the time when a demand should be proved to have been made on the defendant, the surety in the bond.

Memorandum. — On' Saturday, the 30th of October, 1813, died, at his house in Boston, the Hon. Theophilus Parsons, chief justice of this Court; and on the Tuesday following his remains were in-tombed, accompanied by a long procession of relatives and friends *371The…

2Cited by2 opinions

  1. London & Lancashire Indemnity Co. of America v. SmootCourt of Appeals for the D.C. Circuit · 1923
  2. Williams v. President, Directors of American BankMassachusetts Supreme Judicial Court · 1842

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