Southworth v. Kimball
Supreme Court of Vermont
Bill in Chanceky. Heard on demurrer, Orange County, December Term, 1884, Rowell, Chancellor. Demurrer allowed, and bill dismissed. The orator did nothing to protect his rights for a tort; nor was he obliged -to. The law will raise a promise to pay. The separate estate of a feme covert is chargeable for debts contracted on the credit of it, or for contracts made in benefit of it. N. A. Coal Co. y. Dyett, 7 Paige, 9; Dale y.
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Bill in Chanceky. Heard on demurrer, Orange County, December Term, 1884, Rowell, Chancellor. Demurrer allowed, and bill dismissed. The orator did nothing to protect his rights for a tort; nor was he obliged -to. The law will raise a promise to pay. The separate estate of a feme covert is chargeable for debts contracted on the credit of it, or for contracts made in benefit of it. N. A. Coal Co. y. Dyett, 7 Paige, 9; Dale y. Robinson, 51 Yt. 21; Yale v. Dederer, 18 N. Y. 265; Sargeant y. French, 54 Yt. 384. The rule applies as well to an implied as to an express promise. Murray v. Barlee, 4…
1Opinion of the Court
The opinion of the court was delivered by
Ross, J.
The defendant has demurred to the orator’s bill of complaint. The contention is, whether the facts, admitted by the demurrer, entitle the orator to relief in a court of equity. The controlling facts set forth in the bill are, that in 1868, the orator took two U. S. gold-bearing bonds of $100 each from the intestate, who was then a married woman, to exchange for other like bonds having a longer time to run; that he did so exchange them, and on the 5th of August, 1868, by mistake, delivered to her three, instead of two, such bonds; that she…
2Cases cited3 opinions
- Dale v. RobinsonSupreme Court of Vermont · 1878
- Shaw v. HallihanSupreme Court of Vermont · 1874
- Lewis v. JewettSupreme Court of Vermont · 1879
3Cited by3 opinions
- First National Bank v. BertoliSupreme Court of Vermont · 1914
- Witters v. SowlesU.S. Circuit Court for the District of Vermont · 1889
- National Bank of Newbury v. HaleSupreme Court of Vermont · 1925