Legal Opinion

Dawson v. Wait

Supreme Court of Vermont

Decided January 15, 1869PublishedCited by 4 opinions

Debt upon the judgment of the probate court, accepting and approving the report of the commissioners upon the plaintiff estate, by which report a balance of $81.16 was found due said estate from the defendant, December 11th, 1858. The defendant pleaded nul tiel record, and also a further plea, that on the 30th day of August, 1860, the defendant gave the plaintiff estate his note for $50, which the said estate agreed to, and did accept, in full payment and discharge of the…

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Debt upon the judgment of the probate court, accepting and approving the report of the commissioners upon the plaintiff estate, by which report a balance of $81.16 was found due said estate from the defendant, December 11th, 1858. The defendant pleaded nul tiel record, and also a further plea, that on the 30th day of August, 1860, the defendant gave the plaintiff estate his note for $50, which the said estate agreed to, and did accept, in full payment and discharge of the said judgment. The plaintiff traversed the said pleas of payment, discharge, accord and satisfaction, and issue being…

1Opinion of the Court

The opinion of the court was delivered by

Prout, J.

Counsel in the argument do not bring in question the authority of William Dawson, one of the executors of the will of- Daniel Wait, deceased, to enter into the agreement which he did on behalf of the estate, and to accept the defendant’s note for the amount disclosed in discharge and satisfaction of the claim declared upon ; nor is it denied that, if he did arrange the claim in that manner, it constitutes a complete defense to the action.

The case shows that Hiram Hall and William Dawson were the original executors of the will of their testate,…

2Cases cited2 opinions

  1. Van Tine v. CraneNew York Supreme Court · 1828
  2. Tremper v. ConklinNew York Supreme Court · 1865

3Cited by4 opinions

  1. Pope v. HoganSupreme Court of Vermont · 1918
  2. Mislosky v. WilhelmSupreme Court of Vermont · 1971
  3. Orr v. ClarkSupreme Court of Vermont · 1890
  4. Goodenough v. BelknapSupreme Court of Vermont · 1873

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