Legal Opinion

Cushing v. Hale

Supreme Court of Vermont

Decided January 15, 1836PublishedCited by 1 opinion

This was an action for money had and received for plaintiff’s use. The defendant plead in abatement to which the plaintiff replied. The defendant demurred to the replication, which the court decided to be sufficient, and ordered the defendant to answer over. The defendant then plead non assumpsit with notice.

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This was an action for money had and received for plaintiff’s use. The defendant plead in abatement to which the plaintiff replied. The defendant demurred to the replication, which the court decided to be sufficient, and ordered the defendant to answer over. The defendant then plead non assumpsit with notice. Upon trial it appeared that the money received by the defendant for which this action was brought was pension money due the plaintiff as an invalid pensioner of the United States. The defendant offered in evidence a copy of a record of the proceedings of the select men and civil…

1Opinion of the Court

The opinion of the court was delivered by

Williams, Ch. J.

This is an action for money had and received. The plaintiff is a pensioner. The defendant has received his pension money, amounting to over $1000, and claims to have received it as guardian duly and legally appointed, according to the 14th section of the statute in relation to the settlement of the poor, and to have regularly accounted therefor. The question involved and to be decided is, was the defendant legally appointed guardian ? If he was, it is immaterial to enquire whether he has properly accounted therefor. It is not found that…

2Cited by1 opinion

  1. Stewart v. MartinSupreme Court of Vermont · 1844

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