Wiggin v. Plumer
Superior Court of New Hampshire
Appear, from the decision of the commissioner upon the estate of Ebenezer Bickford. The declaration is upon a note, dated December 18,1844, for $500, payable to the plaintiff, or order, on demand, with interest annually, signed by Ebenezer Bickford, on which, four years interest were said to be indorsed. Plea, the general issue. E. Bickford died on the 8th day of September, 1849. On the] 28th of that month, Lane Plumer was appointed administrator.
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Appear, from the decision of the commissioner upon the estate of Ebenezer Bickford. The declaration is upon a note, dated December 18,1844, for $500, payable to the plaintiff, or order, on demand, with interest annually, signed by Ebenezer Bickford, on which, four years interest were said to be indorsed. Plea, the general issue. E. Bickford died on the 8th day of September, 1849. On the] 28th of that month, Lane Plumer was appointed administrator. Plumer resisted the allowance of the note by the commissioner, upon the ground that it was a forgery, and when the declaration had been filed in…
1Opinion of the CourtBell, J.
Suits, in which an administrator is party, shall not be abated by reason of the death, or of the extinguishment or revocation of his trust, but may be prosecuted or defended by the administrator who may succeed to the-*266trust, who may be called into court by scire facias, in the same manner, and with the like effect, as in ease of the death of other parties. Rev. Stat. ch. 161, § 11.
The effect of the appearance and defence of the action by a new administrator, upon the liability of the old administrator who has been removed, the original defendant is here to be considered. If the former…
2Cases cited1 opinion
- Gordon v. ShurtliffSuperior Court of New Hampshire · 1836
3Cited by3 opinions
- Beattie v. HilliardSupreme Court of New Hampshire · 1875
- Despiau v. United States Casualty Co.Court of Appeals for the First Circuit · 1937
- Beattie v. HilliardSupreme Court of New Hampshire · 1875