Thorp v. Thorp's Estate
Supreme Court of Vermont
Appear from the decision of commissioners on the claim presented by J. H. Thorp against the Estate of Thos. W. Thorp, and the claims presented by IraW. Thorp, the administrator, in offset thereto. Heard on the report of a referee and exceptions thereto at the March Term, 1901, Chittenden County, Stafford, J., presiding. Judgment for the claimant. The estate excepted.
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Appear from the decision of commissioners on the claim presented by J. H. Thorp against the Estate of Thos. W. Thorp, and the claims presented by IraW. Thorp, the administrator, in offset thereto. Heard on the report of a referee and exceptions thereto at the March Term, 1901, Chittenden County, Stafford, J., presiding. Judgment for the claimant. The estate excepted. It is not denied that the claimant was entitled to an appeal; it is simply contended that he predicated his application therefor upon the wrong ground; that he should have alleged the conditions specified in subdivision II,…
1Opinion of the CourtMunson, J.
The decedent had for many years held funds of the creditor to invest and account for. The commissioners allowed the creditor’s account as presented, but reduced the sum found due him by an allowance of items presented in offset. The creditor filed in the probate court an application for an appeal from this judgment, representing that his claim had been disallowed to the amount of more than twenty dollars, and filed therewith a declaration of his claim consisting of the common counts in assumpsit. The administrator also filed an application, setting forth the allowance of the creditor’s…
2Cases cited14 opinions
- Maughan v. Estate of BurnsSupreme Court of Vermont · 1892
- Huntley v. HenrySupreme Court of Vermont · 1864
- Lynde v. DavenportSupreme Court of Vermont · 1885
- Cook v. CarpenterSupreme Court of Vermont · 1861
- Allen v. RiceSupreme Court of Vermont · 1850
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3Cited by3 opinions
- Wetmore & Morse Granite Co. v. RyleSupreme Court of Vermont · 1919
- Commercial Finance Corp. v. GaleSupreme Court of Vermont · 1932
- In Re CarletonSupreme Court of Vermont · 1936