Benedict v. Hoggin

This was an action brought against the defendant, administrator of the estate of William Taylor, deceased, to recover @6,500 claimed by plaintiff for cattle sold to Taylor during his lifetime, in 1849. The complaint sets forth the death of Taylor in 1850, and the appointment of the defendant as his administrator in 1851, and his refusal to pay, &c.

The defendant answered and denied the allegations of the complaint, and further avers, “ that neither the defendant as administrator of Wm. Taylor, nor the said William Taylor in his lifetime, ever undertook to pay said demand at any time within two years next before the filing of the said complaint.” And further, “that the said claim was not duly presented for allowance to this defendant within ten months next after his appoinment as administrator as aforesaid.” And further, “that suit on said claim was not commenced within three months, after the same was requested by this defendant as administrator of Wm. Taylor, deceased.

It was in evidence that “on or about the 11th June, 1851, Benedict, the plaintiff, presented his account against the estate of Taylor to Jas. B. Hoggin, the administrator, for payment and acknowledgment; the claim amounted to about @6,500; which said account the said Hoggin refused to pay or acknowledge. The suit was brought November 15th, 1851. Defendant’s counsel in the course of the trial asked the Court to instruct the jury,

that if said suit was not commenced within three • months after plaintiff’s claim had been rejected by the administrator of Taylor, they must find for the defendant—which charge the Court declined to give. Defendant’s counsel then handed the statutes of California to the judge, and requested the Court to charge the jury on the 134th section of the act to regulate the settlement of the estates of deceased persons, which the Court declined to do, and the jury then retired.”

Defendant excepted.

Verdict for plaintiff for $700.

Judgment accordingly; from which plaintiff appealed.