Supreme Judicial Court of Maine, 1916

Gray v. Chase

Supreme Judicial Court of Maine · Decided November 1, 1916 · Bird, Haley, King, Philbrook, Savage

115 Me. 350; 98 A. 940; 1916 Me. LEXIS 82

Cases that cite this one

2 later published cases cite this decision.

Clappison v. Foley (Me. 1953)
Hashey v. Bangor Roofing & Sheet Metal Co. (Me. 1947)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion of the Court

Philbrook, J.

To the plaintiff’s declaration the defendant filed a ■general- demurrer which was sustained and the declaration adjudged bad. The plaintiff then filed a motion to amend the writ and declaration.- This- motion was denied and the amendment disallowed as. a matter of law. The case is before us upon plaintiff’s ■exceptions .to these rulings.

The amendment avers that within eighteen months after the •executrix had filed in the probate court her affidavit that notice had *351been given by her of her appointment as executrix, the plaintiff presented to her the claim declared upon; but neither in the original declaration, nor in .this amendment, is there any averment that the claim was presented to the executrix in writing. Such averment is necessary. Stevens v. Haskell, et als., 72 Maine, 244.

It follows that the amendment would be demurrable and hence not allowable. Garmong v. Henderson, 112 Maine, 383.

Exceptions overruled.

Case-law data current through September 30, 2026. Source: CourtListener bulk data.