Husted v. Hoyt
Supreme Court of Connecticut
This was an action of debt on book against Hannah Hoyt and James S. Hoyt, (the latter having died since the commencement of this suit,) as administrators on the estate of iShadrach Hoyt, deceased. The defendants having prayed oyer of the account, pleaded, first, the general issue; and upon this issue the jury returned a verdict in favour of the plaintiff.
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This was an action of debt on book against Hannah Hoyt and James S. Hoyt, (the latter having died since the commencement of this suit,) as administrators on the estate of iShadrach Hoyt, deceased. The defendants having prayed oyer of the account, pleaded, first, the general issue; and upon this issue the jury returned a verdict in favour of the plaintiff. The second plea, after stating the granting of administration to the defendants, the limitation of time for the exhibition of claims, and notice thereof given according to law, averred, that the plaintiff exhibited his claim within the…
1Opinion of the CourtBissell, J.
1. It is insisted, that the statute interposes an absolute bar; and that administrators once having given notice of the disallowance of a claim, that notice is irrevocable.
We do not think that this proposition can be sustained.
The 17th section of the statute (tit. 32.) enacts, that whenever any creditor shall neglect to exhibit his claim within the time limited by the court of probate and notice thereof given, “ he shall be forever debarred of his demand against such estate.” The 18th section provides, that where a claim has been exhibited within the time limited, and is disallowed by the…
2Cited by7 opinions
- Hall v. Meriden Trust & Safe Deposit Co.Supreme Court of Connecticut · 1925
- Schwarzschild v. BinsseSupreme Court of Connecticut · 1976
- Caulfield v. GreenSupreme Court of Connecticut · 1900
- In re Smith's EstateNorth Dakota Supreme Court · 1904
- In Re Estate of IvySupreme Court of Oklahoma · 1921
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