(Download) "Nochemson v. Aronson Et Al." by Supreme Judicial Court of Massachusetts # Book PDF Kindle ePub Free
eBook details
- Title: Nochemson v. Aronson Et Al.
- Author : Supreme Judicial Court of Massachusetts
- Release Date : January 24, 1932
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 64 KB
Description
FIELD, J. This is a suit in equity brought in this court under G. L. c. 197, § 10. The bill alleges the death of Philip S. Aronson, of Boston, on January 11, 1930, leaving a will, the allowance of the will, and the appointment of the defendants and another as executors, the approval of their bonds on February 27, 1930, and due notice of their appointment, and the resignation of the other executor and acceptance of his resignation. The bill alleges, also, that the deceased was indebted to the plaintiff in the sum of $1,000 and interest thereon for money loaned by the plaintiff to the testator, as evidenced by a demand note of the deceased for $2,000, dated October 26, 1928, upon which $1,000 was paid; that since the death of the deceased the defendants have paid the plaintiff the interest on said indebtedness to February 28, 1931, leaving a balance due of $1,000 with interest from March 1, 1931; that the defendants 'had notice of and acknowledged the said debt due from the deceased to the plaintiff within one year from the date of the approval of their bonds'; that they are still in process of administering the estate of the deceased and have not made any distribution thereof, and that the plaintiff 'has not been culpably negligent in failing to prosecute his claim against the Estate within the time limited by Statute and that it would be inequitable not to allow the plaintiff to establish his claim against said Estate.' The bill contains the further allegation: 'That the respondents for themselves and as agents of the heirs of the said deceased with intent to defraud your complainant represented to your petitioner that all the property of the estate was in real estate and real estate mortgages and agreed with your petitioner that as soon as they sold any of the real estate or collected any of the mortgages they would pay your petitioner's claim; that until the sale of some of the real estate or collection of any of the mortgages they would pay your petitioner interest on his debt, and requested your petitioner not to force them to sell any of the real estate or to foreclose the mortgages as the market for real estate was bad; that the respondents did pay the interest as aforesaid to February 28th 1931 and that your petitioner relying upon the said agreement did not bring an action against the respondents within one year of the date of their approval of their bonds and that the respondents unknown to your petitioner did collect one or more of said mortgages within the one year but have not paid your petitioner.' The plaintiff prays that judgment be entered in favor of him against the defendants as executors in the sum of $1,000 with interest from March 1, 1931, and that as such executors they be ordered to pay the plaintiff the amount of such judgment out of the estate of the deceased. The defendants demurred generally and also on the special grounds that the bill fails to allege any fraud, accident or misrepresentation, or to set forth the representations made by the executors with sufficient particularity to form any basis for a cause of action. An interlocutory decree was entered sustaining the demurrer and thereafter, no amendment to the bill having been made, a final decree dismissing the bill. The plaintiff appealed from the final decree.
 "Nochemson v. Aronson Et Al." by Supreme Judicial Court of Massachusetts # Book PDF Kindle ePub Free){kind=link}