Barber's Adm'r v. Bennett
Supreme Court of Vermont
Assumpsit in common counts, commenced by Elijah Barber in his lifetime. Trial by jury, December Term, 1887, Powees, J., presiding. Verdict for the plaintiff. It appeared and was not disputed that before the commencement of this suit Elijah Barber assigned and transferred to his daughter, Harriet Jewett, all claims in his favor against the defendant and that this cause is being prosecuted for the use and benefit of said Hari’iet Jewett.
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Assumpsit in common counts, commenced by Elijah Barber in his lifetime. Trial by jury, December Term, 1887, Powees, J., presiding. Verdict for the plaintiff. It appeared and was not disputed that before the commencement of this suit Elijah Barber assigned and transferred to his daughter, Harriet Jewett, all claims in his favor against the defendant and that this cause is being prosecuted for the use and benefit of said Hari’iet Jewett. Said Harriet Jewett was examined as a witness on the part of the plaintiff and testified somewhat as to the board bill and what was the relation to the family…
1Opinion of the Court
The opinion of the court was delivered by
Rowell, J.
The cause of action in this case, if any there be, is non-negotiable and was assigned to Mrs. Jewett, the intestate’s daughter, before suit brought, who thereby became *665the equitable owner thereof, and the suit is prosecuted for her benefit; so she is plaintiff in interest. One item sought to be recovered is for defendant’s board in the intestate’s family from October, 1867, to October, 1870, during most of which time Mrs. Jewett and her husband were also members of the family, and Mrs. Jewett had knowledge of the justness of the item.
The…
2Cases cited3 opinions
- Sargeant v. SargeantSupreme Court of Vermont · 1846
- Robinson v. HutchinsonSupreme Court of Vermont · 1859
- Dent v. DentCourt of Appeals of Maryland · 1846
3Cited by6 opinions
- Binewicz v. HaglinSupreme Court of Minnesota · 1908
- Brown v. BrownSupreme Court of Kansas · 1901
- Johnson v. TuttleSupreme Court of Vermont · 1936
- Gay v. JackmanTexas Commission of Appeals · 1923
- Jackman v. GayCourt of Appeals of Texas · 1921
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