Reed v. Reed
Supreme Court of Vermont
Assumpsit. Fleas, general issue and Statute of Limitations. Trial by jury, April Term, 1883, Royce, Ch. J., presiding. Verdict for the plaintiff. Plaintiff’s specification: “To recover of the defendant plaintiff’s share of the estate of Sally Reed, deceased, mother of these parties, being what the defendant has in his "hands in excess of his share of said estate, which excess the defendant promised to pay the plaintiff.”
1Opinion of the Court
The opinion of the court was delivered by
Ross, J.
I. There was evidence in the testimony of the plaintiff, and in the deposition of C. R. Reed, tending to establish both propositions submitted to the jury by the court.
*493II. The testimony of the plaintiff tends to show a promise by the defendant to pay as soon as he was able, and that he had been able from two to four years. The defendant denied making any promise, and testified that his first interview with the plaintiff on the subject was in the fall of 1878. The testimony of both parties tended to show a promise, if such there was, the…
2Cited by4 opinions
- Gilfillan v. Gilfillan's EstateSupreme Court of Vermont · 1916
- State v. BuralliNevada Supreme Court · 1903
- Tufts v. Town of ChesterSupreme Court of Vermont · 1890
- French v. WareSupreme Court of Vermont · 1892