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Ponderson v. Avery

Connecticut Superior Court

Decided September 15, 1785

Connecticut Superior Court · decided 1785-09-15

AotioN of book-debt, for a debt due from, said deceased. Plea in abatement —■ That the estate of said deceased was represented insolvent, and commissioners were appointed; and that the plaintiff exhibited to them, the demand on book for which this action is brought, and was by said commissioners examined and disallowed.

Decided 1785-09-15

¶1This judgment was afterwards affirmed in the Supreme Court of Errors. Upon the principle that the creditors must be concluded, as to their claims by the report of the commissioners; whether the estate turns out to be insolvent or not; for otherways the settlement of estates would be greatly delayed, if not wholly prevented; and executors and administrators be exposed to great risk and damage.

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