McKim v. Glover
Massachusetts Supreme Judicial Court
Contract, against the administrator of a surety on the bond of a trustee given to the plaintiff as judge of the Probate Court for the County of Suffolk. Writ dated October 24, 1892. Answer : 1. A general denial. 2. The statute of limitations.
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Contract, against the administrator of a surety on the bond of a trustee given to the plaintiff as judge of the Probate Court for the County of Suffolk. Writ dated October 24, 1892. Answer : 1. A general denial. 2. The statute of limitations. The case was submitted to Barker, J., and by him reserved and reported for the consideration of the full court, upon the following agreed facts, in which the right was reserved to either party to show any further facts material to the case. By the will of Isaac B. Woodbury of Norwalk in the State of Connecticut, which was duly admitted to probate in this…
1Opinion of the CourtHolmes, J.
This is an action against the administrator of a surety on a trustee’s bond. The breach of trust which was the source of the trouble is that which was considered in Nichols, appellant, 157 Mass. 20, and is not disputed. It took place in 1886. The administrator’s bond was approved on February 3, 1890. The present suit was not begun until October 24, 1892, . and it is argued that the action is barred by the special statute of limitations. Pub. Sts. c. 136, § 9. Whether it. is so or not depends, of course, on when the right of action on the trustee’s bond accrued. Ibid. 5 13.
*421The second condition…
2Cases cited10 opinions
- Stovall v. BanksSupreme Court of the United States · 1871
- Old Colony Railroad v. WilderMassachusetts Supreme Judicial Court · 1884
- Watertown Fire Insurance v. SimmonsMassachusetts Supreme Judicial Court · 1881
- People v. SeelyeIllinois Supreme Court · 1892
- Bullard v. MoorMassachusetts Supreme Judicial Court · 1893
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3Cited by10 opinions
- Eising v. AndrewsSupreme Court of Connecticut · 1895
- State Ex Rel. McClure v. NorthropSupreme Court of Connecticut · 1919
- Cunningham v. Connecticut Fire InsuranceMassachusetts Supreme Judicial Court · 1909
- Hill v. WileyMassachusetts Supreme Judicial Court · 1936
- Hodge v. MackintoshMassachusetts Supreme Judicial Court · 1924
5 more not listed; retrieve them via the Exa API.