Robie v. Estate of Briggs
Supreme Court of Vermont
Appeal from the Probate Court. Heard on an auditor’s report, April Term, 1886, Roxce, Ch. JV, presiding. Judgment on the report for the defendant in the case of Robie, adm’r, v. Briggs’ estate, and judgment for the plaintiff in the case of Temple, adm’r, v..Horskins’ estate. The cas'e appears in the opinion. * The individual account of Horskins is continuous and independent ; and so is the partnership account.
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Appeal from the Probate Court. Heard on an auditor’s report, April Term, 1886, Roxce, Ch. JV, presiding. Judgment on the report for the defendant in the case of Robie, adm’r, v. Briggs’ estate, and judgment for the plaintiff in the case of Temple, adm’r, v..Horskins’ estate. The cas'e appears in the opinion. * The individual account of Horskins is continuous and independent ; and so is the partnership account. If Briggs failed to make an application, Horskins could apply it on either account, subject-to the limitations upon this right of a creditor which have been established by law. Briggs…
1Opinion of the Court
The opinion of the court was delivered by
Walker, J.
The foregoing cases stand upon the same facts as reported by the auditor, and the result reached in either case necessarily determines the other.
On the seventh day of October, 1882, J. W. Horskins held, as surviving partner of the firm of Horskins & Grates, a partnership account against E. D. Briggs, which accrued prior to the dissolution of that firm, January 1, 1866. This , account had never been balanced, but on said seventh day of October it showed a balance against Briggs of $593.05. No payment had been made thereon by Briggs since 1873,…
2Cases cited2 opinions
- Ayer v. HawkinsSupreme Court of Vermont · 1846
- Corliss & Way v. GrowSupreme Court of Vermont · 1884
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