Gleason v. Lillie
Supreme Court of Vermont
IN ERROR, HANNAH LILLIE, and one Zebina Lillie, administrators of Benjamin Lillie, deceased, had brought two actions of Trover, the one against the plaintiff in error, and the other against one Arzah C. Dean, for sundry articles, the property of the said Benjamin in his life time. The property sought to be recovered in those actions was afterwards returned, or otherwise accounted for, to Hannah Lillie; and she agreed to discontinue those actions, which was accordingly done.
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IN ERROR, HANNAH LILLIE, and one Zebina Lillie, administrators of Benjamin Lillie, deceased, had brought two actions of Trover, the one against the plaintiff in error, and the other against one Arzah C. Dean, for sundry articles, the property of the said Benjamin in his life time. The property sought to be recovered in those actions was afterwards returned, or otherwise accounted for, to Hannah Lillie; and she agreed to discontinue those actions, which was accordingly done. Hannah Lillie contended, that, on the occasion of that settlement, which was on the 22d day of October, 1820, and in…
1Opinion of the Court
The opinion of the Court was delivered by
Royce, J.
This writ of error is brought to revise the decision of the County Court, in rejecting evidence of the confessions of Zebina Lillie, made after the alledged contract between the plaintiff and defendant, and offered for the purpose of defeating the action instituted by the plaintiff below, to enforce that contract. It must be remembered, that the parties below were at issue upon three questions: whether the promise declared on had been made by the defendant below; whether it was a valid promise, and whether it was still subsisting? And it must,…
2Cited by1 opinion
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