Merchants' National Bank v. Weeks
Supreme Court of Vermont
This cause was heard at the December Term, 1878, Caledonia County, on demurrer to the bill. Ross, Chancellor, pro forma, sustained the demurrer, and dismissed the bill. The bill is sufficiently stated in the opinion of the court, except it was alleged that the money, so loaned to the administrator, was used by him for the benefit of the estate, and the heirs; and prayed for a writ of sequestration to sequester the property of the estate.
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This cause was heard at the December Term, 1878, Caledonia County, on demurrer to the bill. Ross, Chancellor, pro forma, sustained the demurrer, and dismissed the bill. The bill is sufficiently stated in the opinion of the court, except it was alleged that the money, so loaned to the administrator, was used by him for the benefit of the estate, and the heirs; and prayed for a writ of sequestration to sequester the property of the estate. If there is a want of proper parties, the demurrer is defective in not pointing.out who should be joined.' Déos v. Banchard, 10 Page C. R. 445; Moore v.…
1Opinion of the Court
The opinion of the court was delivered by
Redfield, J.
This case was heard on demurrer to the orator’s bill. The bill avers, in substance, that the orator loaned money to the defendant, as administrator of Nehemiah Weeks’ estate, and took his note for the loan; that defendant has assets in his hands belonging to the estate of Nehemiah Weeks sufficient to pay this debt; that defendant is personally poor, and in bankruptcy. Hiram Weeks, Admr., is the sole party.
I. There is no one interested, as heir, creditor, or otherwise, in the assets of this estate made parties ; or in position to protect the…
2Cases cited3 opinions
- Sumner v. WilliamsMassachusetts Supreme Judicial Court · 1811
- Taylor v. MygattSupreme Court of Connecticut · 1857
- Field v. WilburSupreme Court of Vermont · 1876
3Cited by9 opinions
- Hall v. Windsor Savings BankSupreme Court of Vermont · 1923
- Hewitt v. BeattieSupreme Court of Connecticut · 1927
- Rich v. SowlesSupreme Court of Vermont · 1892
- Domestic & Foreign Missionary Society, Protestant Episcopal Church v. EellsSupreme Court of Vermont · 1896
- Germania Bank v. MichaudSupreme Court of Minnesota · 1895
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