¶1The case of Ponderson v. Avery, New London, September 1785, administrator of Mrs. Avery settled this point. That was an action of debt on book; the defendant plead that said deceased’s estate was represented insolvent, commissioners appointed, to whom the plaintiff exhibited his account and the same was disallowed by said commissioners. The plaintiff replied, that said estate was not found to he .insolvent, hut was solvent sufficient to pay all the debts. Demurrer. Judgment — That the reply was insufficient. This judgment was affirmed in the Supreme Court of Errors.
1 Root 251
Canon v. Abbot
Decided January 15, 1791
Supreme Court of Connecticut · decided 1791-01-15
Action on note given by said Lemuel. Plea in bar ■— That on the 8th of January said Moorhouse’s estate was represented insolvent and commissioners appointed to examine the claims of the creditors and to make return in one year; that they have made a return of debts allowed, to the amount of £669; that the time is expired, and this claim was never exhibited nor allowed.
Decided 1791-01-15