Downer & Kenney v. Howard
Supreme Court of Vermont
Assumpsit. Heard on an agreed statement at the May-Term, 1896, Windsor County, Tyler, J., presiding. The commissioners made their report to the probate court August 15, 1892, finding a balance due to the defendant, for which judgment was there rendered in his favor. The other facts appear in the opinion.
1Opinion of the CourtStart, J.
It appears from the agreed statement of facts, that Chester Downer and the defendant, Austin Howard, were formerly partners; that Chester Downer deceased February 19, 1890; that commissioners on his estate were appointed and held their first meeting June 25, 1890; that the defendant presented a claim to the commissioners, but no hearing was had before them until July, 1891; that the only matter investigated by the commissioners was the standing of the book accounts between the parties; and that the notes in question were not presented to the commissioners. Chester Downer, at the time of his…
2Cases cited1 opinion
- Kenney v. HowardSupreme Court of Vermont · 1895