Watts v. Mulliken's Estate
Supreme Court of Vermont
Appeal from the disallowance by the commissioners on the estate of Gates L. Mulliken of a claim presented by Josephine M. Watts. Declaration, general counts in assumpsit. Plea, the general issue with notice of special matter in defence. Trial by Court at the June Term, 1920, Caledonia County, Butler, J., presiding. Judgment for the defendant. The plaintiff excepted. The opinion states the case.
1Opinion of the CourtTaylor, J.
The plaintiff appealed from the‘disallowance of certain claims against the estate of her brother, Gates L. Mulliken. The trial was by court on a complaint in the common counts in assumpsit, to which the defendant answered a general denial, payment, and the statute of limitations. The court found that none of the items of the plaintiff’s specification accrued within seven years prior to the death of said Gates L., except two that had been paid, and that certain credits relied upon to take the account out of the statute were specific payments, and not payments on account. The judgment was for…
2Cases cited21 opinions
- Old Dominion Copper Mining & Smelting Co. v. BigelowMassachusetts Supreme Judicial Court · 1909
- Whitesell v. StricklerIndiana Supreme Court · 1906
- Smith v. BlachleySupreme Court of Pennsylvania · 1901
- Tompkins v. HollisterMichigan Supreme Court · 1886
- Atlantic National Bank v. HarrisMassachusetts Supreme Judicial Court · 1875
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3Cited by13 opinions
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- Murray v. AllenSupreme Court of Vermont · 1931
- Acton v. MorrisonArizona Supreme Court · 1945
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