Hunt v. Whitney
Massachusetts Supreme Judicial Court
William Hunt brought his action of assumpsit, as endorsee of a promissory note, against Daniel Whitney, the defendant’s intestate, as maker of the note.
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William Hunt brought his action of assumpsit, as endorsee of a promissory note, against Daniel Whitney, the defendant’s intestate, as maker of the note. Pending the action, the original defendant died, and administration of his estate was committed to the now defendant, who was afterwards admitted, upon his own motion, to take upon himself the defence of this action, pursuant to the statute of 1783, c. 32, <§> 10, which provides that m case of the death of any party to any action or suit depending in this Court, or in the Common Pleas, the executor or administrator of such deceased party,…
1Opinion of the Court
The cause stood continued for advisement, and now at this term the opinion of the Court was delivered as follows by
Parsons, C. J.
[After a brief recital of the history of the action.] The defendant, having summoned the executors of the plaintiff, moves that they may be called, and, if they do not appear, that he may have judgment for costs against them as upon a nonsuit. The *545counsel for the executors in fact, but appearing as amicus curia objects, because the statutes relating to this subject do not extend to a case where both the parties have died.
The words of the statute extend to all cases…
2Cited by10 opinions
- Bradford v. RiceMassachusetts Supreme Judicial Court · 1869
- Estate of Bernard L. Porter, Deceased v. Commissioner of Internal RevenueCourt of Appeals for the First Circuit · 1971
- Hatch v. EustisU.S. Circuit Court for the District of Massachusetts · 1812
- Barber v. CollinsSupreme Court of Rhode Island · 1894
- Walker v. HillMassachusetts Supreme Judicial Court · 1821
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