Legal Opinion

Davis v. French

Supreme Judicial Court of Maine

Decided June 15, 1841PublishedCited by 6 opinions

This was an action founded on a note signed by the defendant as administrator of one Zadock French deceased. The parties agreed that judgment should be rendered against said Ebenezer, either in his individual capacity, in which event the plaintiff was to take no costs, or against him as administrator with costs, as the Court may adjudge. This case was submitted upon the briefs of counsel.

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This was an action founded on a note signed by the defendant as administrator of one Zadock French deceased. The parties agreed that judgment should be rendered against said Ebenezer, either in his individual capacity, in which event the plaintiff was to take no costs, or against him as administrator with costs, as the Court may adjudge. This case was submitted upon the briefs of counsel. The question to be settled in this case, is the liability of the intestate’s estate to be charged with the payment of the note in suit. Where the estate has been declared insolvent, the claims must first be…

1Opinion of the Court

The opinion of the Court was by

Shepley J.

— Where the cause of action exists against the intestate, and the administrator for a sufficient consideration promises to pay, the action may be brought against him in his own right, and a general judgment should be entered against him. Wheeler v. Collier, Cro. Eliz. 406; Atkins v. Hill, Cowp. 284. But since the statute of frauds such a promise must be in writing. And no judgment can in such an action be entered against the estate of the intestate. Hawkes v. *23Saunders, Cowp. 289. It was decided in the case of Trevinian v. Howell, Cro. Eliz. 91, where…

2Cases cited2 opinions

  1. Myer v. ColeNew York Supreme Court · 1815
  2. Laughran v. KellyMassachusetts Supreme Judicial Court · 1851

3Cited by6 opinions

  1. In re the Estate of MungerSupreme Court of Iowa · 1915
  2. First National Bank v. CollinsMontana Supreme Court · 1896
  3. Germania Bank v. MichaudSupreme Court of Minnesota · 1895
  4. Rickel v. Chicago, Rock Island & Pacific Railway Co.Supreme Court of Iowa · 1900
  5. Painter v. KaiserNevada Supreme Court · 1904

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