Cowles v. Cowles' Estate
Supreme Court of Vermont
Appeal by tbe administrator of Josiah Cowles’ estate from the allowance by the commissioners of a claim presented by the decedent’s son, J. E. Cowles. Declaration, general assumpsit in the common counts. Pleas, the general issue and Statute of Limitations. Trial by jury at the December Term, 1907, Addison County, Miles, J., presiding. Verdict and judgment for the claimant. The defendant excepted.
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Appeal by tbe administrator of Josiah Cowles’ estate from the allowance by the commissioners of a claim presented by the decedent’s son, J. E. Cowles. Declaration, general assumpsit in the common counts. Pleas, the general issue and Statute of Limitations. Trial by jury at the December Term, 1907, Addison County, Miles, J., presiding. Verdict and judgment for the claimant. The defendant excepted. At the close of all the evidence the defendant moved for a directed verdict in its favor for that the evidence did not tend to show any express promise, or that there was any mutual understanding…
1Opinion of the CourtTyler, J.
This is an appeal by the administrator of Josiah Cowles’ estate from the allowance by the commissioners thereon of a claim in favor of the plaintiff. Assumpsit in the common counts; pleas, the general issue and Statute of Limitations.
1. At the trial in the county court the plaintiff offered himself as a witness to prove the items in his specification. He did not claim that he was a competent witness under any exception *502to P. S. 1590, but he did claim that the defendant had waived the provisions of the statute by calling him as a witness at the hearing before the commissioners. The defendant…
2Cases cited6 opinions
- Green v. CrapoMassachusetts Supreme Judicial Court · 1902
- Linsley v. LovelySupreme Court of Vermont · 1853
- Paine v. McDowellSupreme Court of Vermont · 1898
- Ainsworth v. StoneSupreme Court of Vermont · 1901
- Benson v. MorganMichigan Supreme Court · 1883
1 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- Berry v. BrunsonSupreme Court of Georgia · 1928
- Comstock's Admr. v. JacobsSupreme Court of Vermont · 1915
- Comstock's v. JacobsSupreme Court of Vermont · 1911
- Deacon v. BryansCalifornia Supreme Court · 1931
- Shores v. SimantonSupreme Court of Vermont · 1925
8 more not listed; retrieve them via the Exa API.