Taylor v. Phillips
Supreme Court of Vermont
Assumpsit upon a promissory note for one hundred dollars, signed by the defendant, and payable to the plaintiff on demand. Plea, the general issue, and trial by jury, at the March Term, 1857,— Kittredge, J., presiding. The following facts appeared on trial: Samuel Taylor, the husband of the plaintiff, died a short time before the note was given, having notes and an account against the defendant, and the defendant had a note and an account also against Taylor.
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Assumpsit upon a promissory note for one hundred dollars, signed by the defendant, and payable to the plaintiff on demand. Plea, the general issue, and trial by jury, at the March Term, 1857,— Kittredge, J., presiding. The following facts appeared on trial: Samuel Taylor, the husband of the plaintiff, died a short time before the note was given, having notes and an account against the defendant, and the defendant had a note and an account also against Taylor. After Taylor’s death, two sons of the plaintiff, acting in her behalf, made a settlement with the defendant, and received from him, for…
1Opinion of the Court
The opinion of the court was delivered by
Poland, J.
The verdict in this case has established that the defendant was really indebted to the estate of Samuel Taylor on note and account, in the sum of one hundred dollars, and that the note in suit was given for said indebtedness upon a settlement made between the defendant and two sons of Taylor, who acted, as the exceptions say, on behalf of their mother, the widow of Mr. Taylor. At the time of the settlement and giving of the note, the demands of the estate against the defendant were surrendered to him. At this time no administration had been…
2Cited by8 opinions
- In re Higgins' EstateMontana Supreme Court · 1895
- Foote v. FooteMichigan Supreme Court · 1886
- In Re Vasgaard's EstateSouth Dakota Supreme Court · 1934
- In Re Clark's EstateSupreme Court of Vermont · 1927
- Rainwater v. HarrisSupreme Court of Arkansas · 1888
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