
    Simeon Foster & Al. versus Robert Hooper, Administrator.
    
      (November Term, 1800,
    
      in Essex.)
    
    Before the statute of February 26,1800, no action was maintainable against the executor or administrator of a deceased joint promisor, whom the other promisors survived.
    This was an action of the case on a promissory note subscribed by the defendant’s intestate .jointly with two other persons who survived him, and whom the plaintiffs allege to have absconded and removed out of the commonwealth. Dane, for the defendant, demurred to the declaration on the ground that the promise or contract survived against the other promisors alone, and thereby the estate and administrator of the joint promisor, deceased, were by law wholly discharged. In support of his demurrer, Dane cited 3 Bac. Abr. 697. — 2 Vem. 97. — Carth. 61. — Ljatw. 696. — 3 Wils. 72, 118.—3 Term R. 433—435. And the defendants had judgment. 
    
    
      Prescott for the plaintiffs.
    
      
      
        Wilby vs. Phinney, 15 Mass. Rep. 116.— Grant vs. Shurter, 1 Cow. 148.
    
   But by statute passed February 26, 1800, the goods and estate of each deceased debtor in every joint contract thereafter to be made, or upon judgment thereafter to be rendered, shall be liable in the hands of his executors and administrators, and the creditor shall have the same remedy, by action, as if such contract had been joint and several.  