Legal Opinion

Foster v. Hooper

Massachusetts Supreme Judicial Court

Decided November 15, 1800PublishedCited by 8 opinions

This was an action of the case on a promissory note subscribed by the defendant’s intestate .jointly with two other persons who survived him, and whom the plaintiffs allege to have absconded and removed out of the commonwealth. Dane, for the defendant, demurred to the declaration on the ground that the promise or contract survived against the other promisors alone, and thereby the estate and administrator of the joint promisor, deceased, were by law wholly discharged.

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This was an action of the case on a promissory note subscribed by the defendant’s intestate .jointly with two other persons who survived him, and whom the plaintiffs allege to have absconded and removed out of the commonwealth. Dane, for the defendant, demurred to the declaration on the ground that the promise or contract survived against the other promisors alone, and thereby the estate and administrator of the joint promisor, deceased, were by law wholly discharged. In support of his demurrer, Dane cited 3 Bac. Abr. 697. — 2 Vem. 97. — Carth. 61. — Ljatw. 696. — 3 Wils. 72, 118.—3 Term R.…

1Opinion of the Court

But by statute passed February 26, 1800, the goods and estate of each deceased debtor in every joint contract thereafter to be made, or upon judgment thereafter to be rendered, shall be liable in the hands of his executors and administrators, and the creditor shall have the same remedy, by action, as if such contract had been joint and several.

2Cited by8 opinions

  1. New Haven & Northampton Co. v. HaydenMassachusetts Supreme Judicial Court · 1876
  2. Richardson's Ex'x v. JonesSupreme Court of Virginia · 1855
  3. Kennedy v. CarpenterSupreme Court of Pennsylvania · 1837
  4. Sellon & Co. v. BradenSupreme Court of Iowa · 1862
  5. Duly v. HoganSupreme Judicial Court of Maine · 1872

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