Parks v. Francis's Administrator
Supreme Court of Vermont
Appeal from the decision and report of commissioners on the estate of Nathan Francis. The declaration was in assumpsit in the common counts. Pleas, general issue and Statute of Limitations. Trial by the court, September Term, 1877, Dunton, J., presiding.
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Appeal from the decision and report of commissioners on the estate of Nathan Francis. The declaration was in assumpsit in the common counts. Pleas, general issue and Statute of Limitations. Trial by the court, September Term, 1877, Dunton, J., presiding. The plaintiff, a minor, prosecuting by his father and next friend, Martin Parks, sought to recover under a parol contract claimed to have been made between the decedent, who died January 24, 1876, and plaintiff’s father, and offered to prove the contract by his father and mother. Defendant objected to their competentcy, but they were allowed…
1Opinion of the Court
The opinion of the court was delivered by
Rovoe, J.
The verbal promise of Nathan Francis that is sought to be enforced was, that in consideration that the infant son of Martin Parks, father of the plaintiff, should be named Nathan Francis Parks, he, Nathan Francis, would thereafter deposit in the Rutland Savings Bank for him (the plaintiff), one hundred dollars in four annual installments of twenty-five dollars each, one installment to be deposited each year after the first until all were deposited. The deposits for the first two years were made according to the promise, and the question is,…
2Cases cited2 opinions
- Foote & Stone v. EmersonSupreme Court of Vermont · 1838
- Evarts v. Nason's EstateSupreme Court of Vermont · 1839
3Cited by9 opinions
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- Daily ex rel. Daily v. MinnickSupreme Court of Iowa · 1902
- W. M. W. N.W. Ry. Co. v. WoodTexas Supreme Court · 1895
- Biest v. VerSteeg Shoe Co.Missouri Court of Appeals · 1902
- Eaton v. LibbeyMassachusetts Supreme Judicial Court · 1896
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