Walker v. Hill
Massachusetts Supreme Judicial Court
Assumpsit for money had and received. The action was submitted to the determination of the Court, upon the following facts agreed and stated by the parties:— On the 3d of December, 1812, John Walker, father of the plaintiff, made his promissory note for 1000 dollars, payable to one Samuel Hopkins, or his order, and by him endorsed to the defendant.
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Assumpsit for money had and received. The action was submitted to the determination of the Court, upon the following facts agreed and stated by the parties:— On the 3d of December, 1812, John Walker, father of the plaintiff, made his promissory note for 1000 dollars, payable to one Samuel Hopkins, or his order, and by him endorsed to the defendant. The said Walker died on the 8th of June, 1814, intestate, the said note being then due and unpaid; and on the 16th of the same June, administration of his estate was duly committed to the plaintiff, who gave due notice of his appointment to that…
1Opinion of the CourtJackson, J.
In the case of Colman vs.' Hall, 12 Mass. Rep. 570, this Court had occasion to consider some of the particulars, in which our law differs from the English common law, with regard to debts due from the estates of deceased persons. The case now before us presents some further points of difference. They arise naturally and necessarily from the manner in which such debts are recovered and paid in the two countries respectively. With us, all the creditors of a deceased insolvent debtor, with a few exceptions which do not affect the present question, are to be paid equally in proportion to their…
2Cases cited2 opinions
- Coleman v. HallMassachusetts Supreme Judicial Court · 1815
- Hunt v. WhitneyMassachusetts Supreme Judicial Court · 1808
3Cited by1 opinion
- Doane v. Union National BankAppellate Court of Illinois · 1891