McDowell v. McDowell's Estate
Supreme Court of Vermont
Appeal from Commissioners. Declaration, general as-sumpsit. Pleas, the general issue, payment, and statute of limitations. Jhial by jury at the December Term, 1902, Caledonia County, W'atson, J., presiding. Verdict and judgment for the claimant. The defendant excepted. The plaintiff was bound to show that'the payments were voluntary and made with the intent that they should be applied on this note.
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Appeal from Commissioners. Declaration, general as-sumpsit. Pleas, the general issue, payment, and statute of limitations. Jhial by jury at the December Term, 1902, Caledonia County, W'atson, J., presiding. Verdict and judgment for the claimant. The defendant excepted. The plaintiff was bound to show that'the payments were voluntary and made with the intent that they should be applied on this note. Austin v. McClure, 60 Vt. 453; In re Brycrnf s Mst., Vt. 240; Terrill v. Deaiuitt, 73 Vt. 188. The indorsement in the handwriting of the claimant should not be held to be evidence of such payment.…
1Opinion of the CourtMunson, J.
This was an appeal from the decision of commissioners appointed by the Probate Court for the adjustment of claims. The claim presented consisted of a promissory note bearing several indorsements in the handwriting of the payee, and certain charges upon book against which various, sums had been credited. The pleas included payment and the statute of limitations.
The defendant excepted to the admission of the last two indorsements, and to the failure to charge that both payments' must be established to permit a recovery on the note. The-Court received and submitted these indorsements as…
2Cases cited5 opinions
- Sanborn v. ColeSupreme Court of Vermont · 1891
- Strong v. SlicerSupreme Court of Vermont · 1861
- Bailey v. DanforthSupreme Court of Vermont · 1881
- Early v. FlannerySupreme Court of Vermont · 1875
- Hicks' Estate v. BlanchardSupreme Court of Vermont · 1888
3Cited by3 opinions
- Putnam v. SwainSupreme Court of Vermont · 1929
- Lincoln v. HemenwaySupreme Court of Vermont · 1908
- Bennett v. DelphiaSupreme Court of Vermont · 1925