Legal Opinion

Gilson v. Gilson

Supreme Court of Vermont

Decided February 15, 1844PublishedCited by 3 opinions

Assumpsit on a promissory note, given by the defendant for the sum of $62,91, dated June 24, 1829, and payable to Lucy Gilson on demand with interest. Plea, the general issue, and trial by jury. The plaintiff gave in evidence the note declared on.

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Assumpsit on a promissory note, given by the defendant for the sum of $62,91, dated June 24, 1829, and payable to Lucy Gilson on demand with interest. Plea, the general issue, and trial by jury. The plaintiff gave in evidence the note declared on. It was conceded that Lucy Gilson was administratrix of the estate of her late husband, Daniel Gilson, and that, on the settlement of his estate, and after the sale of all the personal property, and of all the real estate, including the reversion of the widow’s dower, a small distributive share thereof, in money, was decreed, by the probate court, to…

1Opinion of the Court

The opinion of the court was delivered by

Hebard, J.

The note, upon which the present action is predicated, was given by the defendant to the plaintiff’s intestate, and upon trial, under the general issue, the defendant gave evidence which tended to prove, that, some years before the giving this note, he had agreed with the intestate .to pay to the heirs of his father’s estate, of which the intestate was the administratrix, the several distributive shares; and also, he gave in evidence a paper signed by the plaintiff’s intestate, by which she agreed, that, when .those shares were paid, this…

2Cited by3 opinions

  1. Paine v. Central Vermont RailroadSupreme Court of the United States · 1886
  2. Bromfield v. Trinidad Nat. Inv. Co.Court of Appeals for the Tenth Circuit · 1929
  3. Reed v. RiceSupreme Court of Vermont · 1853

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