Craig v. Wagner
Supreme Court of Connecticut
Action for money loaned, brought to the Superior Court in New Haven County where the defendant’s executrix, who had been cited in after the defendant’s death, moved that the attachment of the defendant’s real estate be dissolved, that the action be abated and the cause erased from the docket, because the decedent’s estate was insolvent and in settlement as an insolvent estate in the Court of Probate, and no judgment had been rendered against the original defendant during his…
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Action for money loaned, brought to the Superior Court in New Haven County where the defendant’s executrix, who had been cited in after the defendant’s death, moved that the attachment of the defendant’s real estate be dissolved, that the action be abated and the cause erased from the docket, because the decedent’s estate was insolvent and in settlement as an insolvent estate in the Court of Probate, and no judgment had been rendered against the original defendant during his lifetime; the court, Bennett, J., granted the motion and abated the suit, and the plaintiff appealed.
1Opinion of the CourtBeach, J.
The proposition that an action which would otherwise survive, may be abated at the will of the defendant’s executor or administrator by causing his estate to be settled as an insolvent estate, has never been directly determined in this State, although this court has expressed an opinion to that effect in two cases. In Tweedy v. Bennett, 31 Conn. 276, the action was originally brought against the defendant as executor de son tort of the deceased debtor, and a plea of plene administravit was overruled because the executor had paid claims of lower statutory rank than that of the plaintiff. (See…
2Cases cited11 opinions
- Coit v. SistareSupreme Court of Connecticut · 1912
- Morgan v. New York National Building & Loan Ass'nSupreme Court of Connecticut · 1900
- Bennett v. IvesSupreme Court of Connecticut · 1862
- Bassett v. McKennaSupreme Court of Connecticut · 1885
- Grosvenor v. GoldMassachusetts Supreme Judicial Court · 1812
6 more not listed; retrieve them via the Exa API.
3Cited by16 opinions
- Motiejaitis v. JohnsonSupreme Court of Connecticut · 1933
- In Re Stevenson's EstateMontana Supreme Court · 1930
- Raymond v. BaileySupreme Court of Connecticut · 1922
- Dorsey v. HoneymanSupreme Court of Connecticut · 1954
- Foreman Brothers Banking Co. v. HandyMichigan Supreme Court · 1925
11 more not listed; retrieve them via the Exa API.