Cross v. Bartholomew
Supreme Court of Vermont
General a-nd Special Assumpsit. Plea, the general- issue. Trial' by jury, and-verdict for the-plaintiff,.September term; 1867, Peck, J., presiding-. The plaintiff claimed-and’introduced; testimony tending to prove that the defendant, who ivas executor of one Smith, and- had charge of the settlement, etc;, of a-certain administration account of said Smith, on the-estate of one Day, which was unsettled at his, Smith’s, decease, made certain representations to the plaintiff,*…
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General a-nd Special Assumpsit. Plea, the general- issue. Trial' by jury, and-verdict for the-plaintiff,.September term; 1867, Peck, J., presiding-. The plaintiff claimed-and’introduced; testimony tending to prove that the defendant, who ivas executor of one Smith, and- had charge of the settlement, etc;, of a-certain administration account of said Smith, on the-estate of one Day, which was unsettled at his, Smith’s, decease, made certain representations to the plaintiff,* who had a claim against Day’s estate; as-to what per cent, it would pay, and they finally agreed that he should pay the…
1Opinion of the Court
*209The opinion of the court was delivered by
Barrett, J.
We cannot reverse this judgment without overruling the decision in Lapham v. Kelley, 85 Yt., 195, on the very • point made by the exceptions in this case. That we are not disposed to do at present, and so the judgment is affirmed.
2Cited by5 opinions
- Taplin & Rowell v. ClarkSupreme Court of Vermont · 1915
- Quinn v. HalbertSupreme Court of Vermont · 1880
- Barber's Adm'r v. BennettSupreme Court of Vermont · 1886
- Gleason & Field v. L. T. Kinney's AdministratorSupreme Court of Vermont · 1893
- H. C. Jaquith Co. v. Shumway's EstateSupreme Court of Vermont · 1908