16 Mass. 71 | Mass. | 1819
We think the plea in bar bad. The case of Goodwin vs. Jones, cited by the counsel for the defendants, does not apply. The action there was brought for money due to the intestate on a contract made with him ; here the action is on a judgment already recovered by the plaintiff, and it might have been brought by him in his own name, and not as administrator. For the debt was due to him, he being answerable for it to the estate of the intestate; and it ought to be considered as so brought, his style of administrator being merely descriptive, and not being essential to his right to recover. It is important to the purposes of justice that it should be so;
Defendants’ plea bad.