Lowry v. Stevens
Supreme Court of Vermont
This was an action on'a receipt executed by the intestate to the plaintiff as sheriff of Chittenden county, for certain goods attached by him as the property of one Burn-ham, at the suit of J. Peck. The declaration, after setting forth the writ and attachment, the delivery of the goods to the intestate for safe keeping, &c. proceeds to set forth a receipt executed by .him to the plaintiff, promising to re-deliver the same on demand, or pay all costs, &c.
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This was an action on'a receipt executed by the intestate to the plaintiff as sheriff of Chittenden county, for certain goods attached by him as the property of one Burn-ham, at the suit of J. Peck. The declaration, after setting forth the writ and attachment, the delivery of the goods to the intestate for safe keeping, &c. proceeds to set forth a receipt executed by .him to the plaintiff, promising to re-deliver the same on demand, or pay all costs, &c. Tt then states that the intestate permitted them to go back into the possession of Burn-ham, who converted them to his own use. It- then…
1Opinion of the Court
The opinion of the Court was pronounced by
Phelps, J.
— The question upon the first of these two issues, turns upon the sufficiency of the plaintiff’s replication. It has already been settled (Exec’rs of Doolittle vs. Hunsdon, Bray. Rep.) that an allowance by commissioners of an insolvent estate is equivalent to a judgment, and merges the original claim. If therefore the claim was adjudicated upon by commissioners, no action can now be sustained on it. It is certainly true, however, that to render an allowance by commissioners conclusive as a judgment, it should be a final and conclusive…
2Cases cited1 opinion
- Jones v. CooperSupreme Court of Vermont · 1825
3Cited by4 opinions
- Warner's Admr. v. BronsonSupreme Court of Vermont · 1908
- Clark v. WinchellSupreme Court of Vermont · 1881
- Owsley v. Central Trust Co.District Court, S.D. New York · 1912
- Probate Court v. ChildSupreme Court of Vermont · 1878