Blackmer v. Blackmer
Supreme Court of Vermont
A suit was commenced upon a bond of .flOOO, conditioned for the payment of $ 100 annually during the life of said Abigail. The ten first payments were .punctually made and endorsed. Afterwards payments were refused, and a suit was commenced. The obligor died, and the suit was discontinued, and the claim carried before Commissioners. An appeal was taken from their decision to the County Court. There the cause was decided upon the following case, agreed to by the parties.
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A suit was commenced upon a bond of .flOOO, conditioned for the payment of $ 100 annually during the life of said Abigail. The ten first payments were .punctually made and endorsed. Afterwards payments were refused, and a suit was commenced. The obligor died, and the suit was discontinued, and the claim carried before Commissioners. An appeal was taken from their decision to the County Court. There the cause was decided upon the following case, agreed to by the parties. It is agreed, that Samuel Blackmer, the obligor, died March 13, 1831. — That the estate was duly represented insolvent. —…
1Opinion of the CourtHutchinson, C. J.
Pronounced thev opinion of the Court. One part of this case is put at- rést, by the decis*361ion of this Court in a former suit upon this bond. The on-3y question, litigated in that suit two years ago, was, whether the ten payments of $100 each, indorsed as they fell due from year to year, and amounting in the whole to the penalty of the bond, was a bar to any suit for after payment, falling due in the life time of the grantee, the present plaintiff? This Court decided, that those payments, were not a bar to the suit then pending. As that opinion was not pronounced, till the year following, and…
2Cited by7 opinions
- Sparhawk v. Administrator of Ozias BuellSupreme Court of Vermont · 1837
- Clark v. WinchellSupreme Court of Vermont · 1881
- O'Connor v. Estate of LapeSupreme Court of Vermont · 1939
- Lytle v. Estate of BondSupreme Court of Vermont · 1867
- McKillop v. Burton's Admr.Supreme Court of Vermont · 1909
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