Public-domain · open source
OpenJurist

2 Mass. 572

Foster v. Hooper

Massachusetts Supreme Judicial Court

Decided November 15, 1800

Massachusetts Supreme Judicial Court · decided 1800-11-15

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.

Good law ✅— No negative treatment on recordhow we know

Decided 1800-11-15

How this case has been cited

Cited by 5 later decisions — most recently January 1876

4 state decisions

2018001810182018301840185018601870decided

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

View the full empirical analysis of this case →

¶1But 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.

/2/mass/572 · .json · Public domain