Legal Opinion

Administrator of Burnham v. Adams

Supreme Court of Vermont

Decided February 15, 1833PublishedCited by 2 opinions

This was an action of assumpsit, commenced in the County Courts on a promissory note, for $225, payable with interest, dated September 15th, 1821. The note was read in evidence, and it was admitted that the plaintiff’s intestate died in August, 1829 — that his estate had been represented insolvent, and Commissioners appointed thereon, who had made their return in due form of law.

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This was an action of assumpsit, commenced in the County Courts on a promissory note, for $225, payable with interest, dated September 15th, 1821. The note was read in evidence, and it was admitted that the plaintiff’s intestate died in August, 1829 — that his estate had been represented insolvent, and Commissioners appointed thereon, who had made their return in due form of law. The defendant then stated the defence to be, that at the time the note was executed, it was agreed between the parties, (the intestate and the defendant) that an account which the defendant had against the intestate…

1Opinion of the Court

The opinion of the Court wets delivered by

Baylies, J.

This was an action of assumpsit on note for $225. The defendant stated his defence to be, “ that at the time the note was executed, to wit, September Ibíh, 1823, it was agreed between the parties, (the intestate and. defendant) that an account, which the defend’t had against, the intestate for goods sold to him out of the defendant’s «tore, should be applied in payment of the note, and also such goods as the intestate should afterwards take up out of said store, should be applied thereon, at the cash price f and that the intestate had taken…

2Cases cited2 opinions

  1. Cogswell v. DolliverMassachusetts Supreme Judicial Court · 1806
  2. Faxon v. HollisMassachusetts Supreme Judicial Court · 1816

3Cited by2 opinions

  1. House v. BeakIllinois Supreme Court · 1892
  2. Stillwell v. FarewellSupreme Court of Vermont · 1891

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