Mann v. Haley
Supreme Court of Vermont
Debt on Judgment. Plea, accord and satisfaction. Trial by court in the City Court of the city of Burlington, Mower, Judge. Judgment for the defendant. The plaintiff excepted. The judgment declared upon was for $105.46, and defendant’s liability thereon was undisputed.
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Debt on Judgment. Plea, accord and satisfaction. Trial by court in the City Court of the city of Burlington, Mower, Judge. Judgment for the defendant. The plaintiff excepted. The judgment declared upon was for $105.46, and defendant’s liability thereon was undisputed. The suit was settled for $95.00. It appeared that the plaintiff’s attorneys in this case were his attorneys in the original suit in which the judgment declared upon was rendered, and that defendant’s attorney knew this when he made the settlement. The judgment declared upon is a liquidated claim. The mere part payment of a…
1Opinion of the CourtMunson, J.
The suit was brought in 1905 upon a judgment obtained in 1902, and was tried on a plea of accord and satisfaction. The Catholic Order of Foresters, in which the life, of defendant’s son had been insured for defendant’s benefit, was summoned as trustee.1 The settlement with plaintiff was effected by defendant’s attorney without the knowledge of plaintiff’s attorney, and plaintiff claims that it was obtained by false and fraudulent representations. The representation made was that the plaintiff could get nothing by a contest, as the trustee could not be held. The only evidence touching the…
2Cited by2 opinions
- Landon v. HuntSupreme Court of Vermont · 1909
- Crosby's Admrs. v. NaatzSupreme Court of Vermont · 1924