Section 16 Unliquidated claims; pleadings - Massachusetts Statutes

[Text of section effective until July 1, 2011. Repealed by 2008, 521, Sec. 16. See 2008, 521, Sec. 44.]

Section 16. If the action is brought on such bond, the plaintiff shall set forth his original cause of action against the deceased in like manner as would be required in a declaration for the same demand against the executor or administrator, and may allege the non-payment of the claim as a breach of the condition of the bond; and the defendant may answer any matter of defence which would be available against the claim if prosecuted in the usual manner against the executor or administrator.