Bacon v. Parker
Supreme Court of Connecticut
This was an action of assumpsit against the defendant, as executor of Elizabeth S. Fowler, deceased, for the recovery of 80 dollars, for the use and occupation of a dwelling-house, by her, in the city of New-Haven. The defendant pleaded, That he was not, and never had been, the executor of said Elizabeth 8. Fowler, deceased, nor ever administered any of the goods and chattels which were hers, at the time of her death.
Read the full summary
This was an action of assumpsit against the defendant, as executor of Elizabeth S. Fowler, deceased, for the recovery of 80 dollars, for the use and occupation of a dwelling-house, by her, in the city of New-Haven. The defendant pleaded, That he was not, and never had been, the executor of said Elizabeth 8. Fowler, deceased, nor ever administered any of the goods and chattels which were hers, at the time of her death. The plaintiff, in his replication, averred, That the defendant, at the time of the commencement of this suit, was, and ever since has been, and still is, executor of the said…
1Opinion of the CourtChurch, J.
The 15th section of our statute for the settlement of estates, testate, intestate, and insolvent,” provides, “ That if any person shall sell or embezzle any of the goods or chattels of any person deceased, before he or they shall have taken out administration and exhibited a true inventory of all the known estate, he or they shall stand chargeable and be liable to the actions of the creditors, and other persons aggrieved, as being executors in their own wrong.” Stat. 203. tit. 32. ‘ *216This provision is in affirmance of the common law on this subject^ gQ far aj. ]east¡ as jaw js not inconsistent…
2Cases cited4 opinions
- Allyn v. MatherSupreme Court of Connecticut · 1832
- Bartholomew v. ClarkSupreme Court of Connecticut · 1816
- Palmer v. HydeSupreme Court of Connecticut · 1822
- Sacket v. MeadSupreme Court of Connecticut · 1814
3Cited by15 opinions
- State v. BartonSupreme Court of Connecticut · 1991
- State v. DuntzSupreme Court of Connecticut · 1992
- Stubbs v. MulhollandSupreme Court of Missouri · 1902
- Loomis v. PerkinsSupreme Court of Connecticut · 1898
- Stancliff v. PalmeterIndiana Supreme Court · 1862
10 more not listed; retrieve them via the Exa API.