8 Mass. 521
Massachusetts Supreme Judicial Court
Decided March 15, 1812
Massachusetts Supreme Judicial Court · decided 1812-03-15
The action was in assumpsit, and was originally brought against the defendant’s intestate, as he was assignee of the effects of William P. Smith, a bankrupt. The said intestate dying during the pendency of the suit, the defendant was admitted to take upon him the defence of the action. The declaration contained three counts.
Cited in Bouvier (1914)’s definition of “Market Overt”
Good law ✅— No negative treatment on recordhow we know
Decided 1812-03-15
Cited by 3 later decisions — most recently November 1882
3 state decisions
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.
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¶1Whether the defendant, in his capacity of administrator, would be answerable to a future assignee of the effects of the bankrupt, it is not now necessary to decide ; but we are all of. opinion that the present action does not survive, and cannot be maintained against the present defendant, as administrator of Mr. Paine, the assignee of Smith the bankrupt.
¶2Verdict set aside.