Guild v. Hale
Massachusetts Supreme Judicial Court
Assumpsit on a negotiable promissory note, dated the 25th of July, 1811, made by Thomas Huse, the defendant’s testator, payable, in three months from the date, to Obadiah Huse, and by him endorsed to the plaintiffs. The estate of the said testator had been represented insolvent, and the commissioners appointed by the judge of probate had allowed the claim of the plaintiffs on the note upon which this action. was brought.
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Assumpsit on a negotiable promissory note, dated the 25th of July, 1811, made by Thomas Huse, the defendant’s testator, payable, in three months from the date, to Obadiah Huse, and by him endorsed to the plaintiffs. The estate of the said testator had been represented insolvent, and the commissioners appointed by the judge of probate had allowed the claim of the plaintiffs on the note upon which this action. was brought. The defendant objected to the allowance, and gave notice, on the 3d of June, 1818, of his dissatisfaction, according to the directions of the statute for the Distribution of…
1Opinion of the Court
Curia.
If the legislature had intended that the action should be brought, in all.cases, to the court next succeeding the notice, they would have used more explicit language ; as they had done in the statute of 1786, c. 21, which was cited in the argument. The requirement of the statute, that the action shall be commenced “ as speedily as the same can be done,” will always protect executors and administrators against unnecessary or unreasonable delay.
If the statute had required that it should always be commenced at the next court, it might often prove highly injurious to the creditor, without…
2Cited by7 opinions
- Aiken v. MorseMassachusetts Supreme Judicial Court · 1870
- Robinson v. RobinsonMassachusetts Supreme Judicial Court · 1899
- Harlev v. Sanitary District of ChicagoAppellate Court of Illinois · 1903
- Quarnberg v. City of ChamberlainSouth Dakota Supreme Court · 1912
- Berry & Whitmore Co. v. DanteCourt of Appeals for the D.C. Circuit · 1915
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