Yearteau v. Bacon's Estate
Supreme Court of Vermont
This was an appeal from the disallowance of commissioners appointed for the allowance of claims against the estate •of Joseph Bacon. The plaintiff filed a declaration in book account as to a part of his claim, and in general assumpsit as to the balance. The first action was heard at the September term, 1892, Ross, Ch. J., presiding, upon the report of an auditor.
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This was an appeal from the disallowance of commissioners appointed for the allowance of claims against the estate •of Joseph Bacon. The plaintiff filed a declaration in book account as to a part of his claim, and in general assumpsit as to the balance. The first action was heard at the September term, 1892, Ross, Ch. J., presiding, upon the report of an auditor. The second was tried by jury at the same term before the same court and resulted in a verdict and judgment for the plaintiff. In the first action the plaintiff sought to recover for boarding an illegitimate daughter of the intestate.…
1Opinion of the Court
The opinion of the court wasdelivered by
MUNSON, J.
The charges on book are for the board of an illegitimate daughter of the deceased from the fifth to the twentieth year of her age. The auditor finds that the plaintiff agreed to board the child ‘ ‘ for the sum of ten dollars per month,” but that nothing was said as to the length of service or the time of payment. The credits are seven small payments, irregular both in date and amount. No bill was presented nor other demand of payment made until the fall of 1888.
The court below confined the plaintiff’s recovery to the board of the daughter…
2Cases cited20 opinions
- Leisy v. HardinSupreme Court of the United States · 1890
- The United States v. James and John G. Daniel, Executors of Beverly Daniel, Late U. S. MarshalSupreme Court of the United States · 1847
- Langdon v. Town of CastletonSupreme Court of Vermont · 1858
- Ewing v. GriswoldSupreme Court of Vermont · 1871
- Newel v. of KeithSupreme Court of Vermont · 1839
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3Cited by4 opinions
- Sullivan v. Associated Billposters & Distributors of United States & CanadaCourt of Appeals for the Second Circuit · 1925
- Naderhoff v. Geo. Benz & SonsNorth Dakota Supreme Court · 1913
- Tudor v. Tudor's EstateSupreme Court of Vermont · 1919
- Sullivan v. Associated Billposters & Distributors of United States & CanadaCourt of Appeals for the Second Circuit · 1925