Hurlburt Bros. v. Hinde
Supreme Court of Vermont
Book Account. Heard in vacation after tbe June Term, 1911, Bennington County, Taylor, J., on tbe report of tbe commissioner appointed to take the disclosure of the trustee. Judgment discharging tbe trustee’s executrix with costs. Tbe plaintiff excepted. This is an action of book account in which R. A. Dixon was summoned as trustee. It was brought before a justice of the peace in February, 1903. Judgment was rendered against the principal defendant, also against the trustee.
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Book Account. Heard in vacation after tbe June Term, 1911, Bennington County, Taylor, J., on tbe report of tbe commissioner appointed to take the disclosure of the trustee. Judgment discharging tbe trustee’s executrix with costs. Tbe plaintiff excepted. This is an action of book account in which R. A. Dixon was summoned as trustee. It was brought before a justice of the peace in February, 1903. Judgment was rendered against the principal defendant, also against the trustee. On appeal by the trustee the case was entered in the county court at the June term, 1903. Subsequent thereto, before the…
1Opinion of the CourtWatson, J.
The appeal, though by the trustee only, brought the whole case into the county court; and, when entered therein, the judgment against the' principal defendant, as well as against the trustee, was vacated. P. S. 1654; Dow v. Batchelder, 45 Vt. 60.
After the case was thus in the county court, but before anything was there done as to the trustee, and before judgment against the principal defendant was affirmed, the trustee died, and soon thereafter — on July 9, 1903 — commissioners were appointed on his estate.
The executrix of the last will and ■ testament of the deceased trustee being cited to…
2Cases cited6 opinions
- W. R. Lovejoy & Co. v. LeeSupreme Court of Vermont · 1862
- Dow v. BatchelderSupreme Court of Vermont · 1872
- Probate Court v. KentSupreme Court of Vermont · 1877
- Goff v. RobinsonSupreme Court of Vermont · 1888
- Guptill v. AyerMassachusetts Supreme Judicial Court · 1889
1 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- First Nat'l B'k v. Comr. of TaxesSupreme Court of Vermont · 1940
- Smith v. White EstateSupreme Court of Vermont · 1937
- Sparrow v. WatsonSupreme Court of Vermont · 1914
- In Re Estate of CurtisSupreme Court of Vermont · 1937
- Baldwin v. PercivalSupreme Court of Vermont · 1914
5 more not listed; retrieve them via the Exa API.