Heard v. Lodge
Massachusetts Supreme Judicial Court
Debt on an administration bond, against Giles Lodge as principal, and two others as sureties, conditioned for the performance by Lodge of his duties as administrator on the estate of Mary Langdon. On the writ was an indorsement, stating that the action was brought for the use and benefit of the Boston Glass Manufactory, (an incorporated company,) as judgment creditors. The trial was had before Shaw C. J., upon the general issue.
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Debt on an administration bond, against Giles Lodge as principal, and two others as sureties, conditioned for the performance by Lodge of his duties as administrator on the estate of Mary Langdon. On the writ was an indorsement, stating that the action was brought for the use and benefit of the Boston Glass Manufactory, (an incorporated company,) as judgment creditors. The trial was had before Shaw C. J., upon the general issue. The plaintiff offered in evidence an exemplification of ihe judgment, being the judgment of this Court rendered at March term 1836, in favor of the Boston Glass…
1Opinion of the Court
Dewey J.
delivered the opinion of the Court. To maintain this action, it is incumbent on the plaintiff to establish two points : 1. That a judgment has been obtained in a court of law against the administrator on the estate of Mary Lang-don, in favor of the Boston Glass Manufactory, for whose benefit this suit is instituted ; 2. That payment of the sum thus ascertained to be due, has been demanded of the administrator.
The first of these points is proved by the records of this Court, and not controverted by the defendants.
As to the question of a demand on the administrator for the payment of…
2Cases cited1 opinion
- Dawes v. ShedMassachusetts Supreme Judicial Court · 1818
3Cited by1 opinion
- Miller v. Western National BankSupreme Court of Pennsylvania · 1896