Blake v. Dennie
Massachusetts Supreme Judicial Court
The parties stated the following facts. At the trial, before Putnam J., it was proved, that Charles Tracy, the intestate, died on November 16, 1831 ; that on November 28, 1831, administration was granted to the defendant, on his estate ; that on May 8, 1832, the estate was represented to be insolvent ; that the plaintiff presented to the commissioners of insolvency his claim founded on three promissory notes, to wit, an attested note made by Tracy for the sum of $5000, dated…
Read the full summary
The parties stated the following facts. At the trial, before Putnam J., it was proved, that Charles Tracy, the intestate, died on November 16, 1831 ; that on November 28, 1831, administration was granted to the defendant, on his estate ; that on May 8, 1832, the estate was represented to be insolvent ; that the plaintiff presented to the commissioners of insolvency his claim founded on three promissory notes, to wit, an attested note made by Tracy for the sum of $5000, dated October 31, 1809, and payable to the plaintiff in two years, with interest annually ; a note of the same date, for the…
1Opinion of the Court
Shaw C. J.
delivered the opinion of the Court. The defendant having struck out the whole of the amount allowed by the commissioners, as by statute he had power to do, the plaintiff was compelled to commence his action at law, or lose his whole claim. The costs claimed, are the costs incurred in the prosecution of this suit, after the claim was struck out by the defendant. In this action the plaintiff has prevailed, but it is contended, that the defendant has in effect prevailed in the controversy, because the plaintiff has recovered less than the commissioners allowed. This rule, however,…
2Cases cited1 opinion
- Dodge v. BreedMassachusetts Supreme Judicial Court · 1816