Phillips W. Lloyd v. National Bank of Commerce

Connecticut Superior Court

Phillips W. Lloyd v. National Bank of Commerce

15 Conn. Super. Ct. 432, 15 Conn. Supp. 432, 1948 Conn. Super. LEXIS 50

CourtConnecticut Superior Court

DecidedJuly 15, 1948

DocketFile 18052

StatusPublished

Cited by2 cases

This text of 15 Conn. Super. Ct. 432 (Phillips W. Lloyd v. National Bank of Commerce) is published on Counsel Stack Legal Research, covering Connecticut Superior Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Phillips W. Lloyd v. National Bank of Commerce, 15 Conn. Super. Ct. 432, 15 Conn. Supp. 432, 1948 Conn. Super. LEXIS 50 (Colo. Ct. App. 1948).

Pincite

Opinion

SHEA, J.

In this action the plaintiff seeks to recover damages for injuries sustained because of the negligence of the defendant’s decedent. There is nothing in the complaint to indicate that any claim against the estate has ever been presented to the executor.

Creditors of the estate of deceased persons are required to exhibit their claims against such estate to the executor thereon within the time fixed by the Court of Probate. General Statutes, § 4914. Such claim must be in writing. § 4915.

Section 4918 of the General Statutes provides that no suit .by any creditor of any deceased person whose estate is in process of settlement as a solvent estate shall be commenced against any executor or administrator within the period allowed by the Probate Court for the presentation of claims against such estate, unless written notice of a total or partial disallowance of his claim shall have been given by the executor or administrator of such estate. Such presentation is essential and a condition precedent to legal recovery against a solvent estate. Grant v. Grant, 63 Conn. 530.

It is essential to the plaintiff’s right of recovery in this action that the claim be presented to the executor of the decedent’s estate. The failure to allege this fact makes the complaint defective. Raymond v. Bailey, 98 Conn. 201, 209; also Lutz v. Park City Auto Finance Co., 11 Conn. Sup. 65; Lang v. Stoddard, 13 Conn. Sup. 135.

The demurrer is sustained.

Free access — add to your briefcase to read the full text and ask questions with AI

SHEA, J.

In this action the plaintiff seeks to recover damages for injuries sustained because of the negligence of the defendant’s decedent. There is nothing in the complaint to indicate that any claim against the estate has ever been presented to the executor.

Creditors of the estate of deceased persons are required to exhibit their claims against such estate to the executor thereon within the time fixed by the Court of Probate. General Statutes, § 4914. Such claim must be in writing. § 4915.

Section 4918 of the General Statutes provides that no suit .by any creditor of any deceased person whose estate is in process of settlement as a solvent estate shall be commenced against any executor or administrator within the period allowed by the Probate Court for the presentation of claims against such estate, unless written notice of a total or partial disallowance of his claim shall have been given by the executor or administrator of such estate. Such presentation is essential and a condition precedent to legal recovery against a solvent estate. Grant v. Grant, 63 Conn. 530.

It is essential to the plaintiff’s right of recovery in this action that the claim be presented to the executor of the decedent’s estate. The failure to allege this fact makes the complaint defective. Raymond v. Bailey, 98 Conn. 201, 209; also Lutz v. Park City Auto Finance Co., 11 Conn. Sup. 65; Lang v. Stoddard, 13 Conn. Sup. 135.

The demurrer is sustained.

Cite This Page — Counsel Stack

Bluebook (online)

15 Conn. Super. Ct. 432, 15 Conn. Supp. 432, 1948 Conn. Super. LEXIS 50, Counsel Stack Legal Research, https://law.counselstack.com/opinion/phillips-w-lloyd-v-national-bank-of-commerce-connsuperct-1948.

Opinion

Related

Cite This Page — Counsel Stack