Thomas v. Carter
Supreme Court of Vermont
G-enei-al assumpsit. Plea, the general issue with notice of special matter. Trial by jury at the December term, 1889, Koss, J., presiding. Judgment for the plaintiffs for the amount paid by them less the amounts received from Hall’s estate and Jones. Both parties except. The case appears in the opinion. The damages recovered by the plaintiffs were properly reduced by the amount received from Jones and the Hall estate.
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G-enei-al assumpsit. Plea, the general issue with notice of special matter. Trial by jury at the December term, 1889, Koss, J., presiding. Judgment for the plaintiffs for the amount paid by them less the amounts received from Hall’s estate and Jones. Both parties except. The case appears in the opinion. The damages recovered by the plaintiffs were properly reduced by the amount received from Jones and the Hall estate. A surety can only claim indemnity to the amount which he has •actually paid. Moore v. Moore, 4 Hawk. N. C. 358; S. C. 15 Am. Dec. 526; 2 Dan. Neg. Inst. sec. 1342; .Board-man v.…
1Opinion of the Court
The opinion of the court was delivered by
MUNSON, J.
It is claimed that this judgment cannot be 'sustained because of the proceedings against the defendant in insolvency. This claim is not based upon the final adjudication, for the debtor did not obtain his discharge. It is not contended but that if the suit had been pending at the time the petition was filed, it could have been kept alive until the question of discharge’was settled, and judgment have then been taken. But the suit was brought after the filing of the petition; and it is insisted that from the filing of the petition until the…
2Cases cited7 opinions
- Fletcher v. JacksonSupreme Court of Vermont · 1851
- Gould v. GouldCourt for the Trial of Impeachments and Correction of Errors · 1830
- Gould v. GouldNew York Supreme Court · 1828
- Doremus & Wilbur v. SeldenNew York Supreme Court · 1821
- Whipple v. BriggsSupreme Court of Vermont · 1855
2 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- Barton National Bank v. AtkinsSupreme Court of Vermont · 1899
- Bellows, Exr. v. BlakeSupreme Court of Vermont · 1934
- J. Magill Smith v. St. Paul German Fire Ins.Supreme Court of Minnesota · 1894