Perkins v. Fellows
Massachusetts Supreme Judicial Court
Contract upon certain promissory notes. The defendant filed a declaration in set-off. At the trial in the Superior Court, before Knowlton, J., a certified copy from the records of the Probate Court, showing that the estate of the plaintiffs’ testator had been represented insolvent, was duly filed. A verdict was rendered for the defendant for $1033.21 damages, upon which judgment was entered.
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Contract upon certain promissory notes. The defendant filed a declaration in set-off. At the trial in the Superior Court, before Knowlton, J., a certified copy from the records of the Probate Court, showing that the estate of the plaintiffs’ testator had been represented insolvent, was duly filed. A verdict was rendered for the defendant for $1033.21 damages, upon which judgment was entered. The plaintiffs asked the judge to order an entry upon the docket, that no execution should issue on the judgment. The defendant assented to this entry, with the exception that he contended that he was…
1Opinion of the CourtMorton, C. J.
In an action by an executor, a demand against his testator, which at the time of his death belonged to the defendant, may be set off in the same manner as if the action had been brought by the deceased; and if a balance is found due the defendant, the judgment shall be in the same form, and have the same effect, as if the suit had been originally commenced by the defendant. Pub. Sts. c. 168, §§ 12,13. Gen. Sts. c. 130, §§ 12, 13.
The question therefore, in this case, is whether, in a suit brought against the executors of an estate which is represented insolvent, an execution for the costs of…
2Cases cited1 opinion
- Greenwood v. McGilvrayMassachusetts Supreme Judicial Court · 1876
3Cited by2 opinions
- Goldthwait v. DayMassachusetts Supreme Judicial Court · 1889
- Ticonic National Bank v. TurnerSupreme Judicial Court of Maine · 1902