Eastern States Agricultural & Industrial Exposition, Inc. v. Estate of Vail
Supreme Court of Vermont
Appeal from the action of the commissioners on the estate of Theodore N. Vail in disallowing a claim presented by the plaintiff on a stock subscription contract. Trial by the court at the December Term, 1921, Caledonia County, - Willcox, J., presiding. Judgment for the plaintiff. The defendant excepted. The opinion states the ease. Interest can only be allowed where there is a contract, express or implied, so to do.
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Appeal from the action of the commissioners on the estate of Theodore N. Vail in disallowing a claim presented by the plaintiff on a stock subscription contract. Trial by the court at the December Term, 1921, Caledonia County, - Willcox, J., presiding. Judgment for the plaintiff. The defendant excepted. The opinion states the ease. Interest can only be allowed where there is a contract, express or implied, so to do. Newell v. Keith, 11 Vt. 214; Raymond v. Isham, 8 Vt. 258; Wood v. Smith, 23 Vt. 706; Abbott v. Wilmot, 22 Vt. 437; Brainerd v. Champlain Transportation Co., 29 Vt. 155. Interest…
1Opinion of the CourtSlack, J.
It'appears from the findings made by the trial court, upon which the plaintiff had judgment, that, on September 16, 1916, the late Theodore N. Yail executed and delivered to thé plaintiff a contract in writing which was in the language following:
“I hereby subscribe and agree to pay for Four Hundred (400) shares, at twenty-five dollars each, capital stock of the Eastern States Agricultural and Industrial Exposition, Inc., a corporation organized under the laws of the Commonwealth of Massachusetts', with a capital stock of seven hundred fifty thousand dollars, divided into thirty thousand…
2Cases cited16 opinions
- Vermont & Canada Railroad v. Vermont Central RailroadSupreme Court of Vermont · 1861
- Gould v. . Town of OneontaNew York Court of Appeals · 1877
- Miller v. Wild Cat Gravel Road Co.Indiana Supreme Court · 1875
- Rikhoff v. Brown's Rotary Shuttle Sewing Machine Co.Indiana Supreme Court · 1879
- Fulgam v. Macon & Brunswick RailroadSupreme Court of Georgia · 1872
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