Gay v. Estate of Rogers
Supreme Court of Vermont
Appeal from the decision of commissioners on the estate of Eliphalet Rogers. In the county court the plaintiffs filed a declartion on book account, on which judgment to account was rendered, and auditors were appointed, who reported, that there was a balance due to the plaintiffs of one hundred and eighty one dollars and fifty cents.
Read the full summary
Appeal from the decision of commissioners on the estate of Eliphalet Rogers. In the county court the plaintiffs filed a declartion on book account, on which judgment to account was rendered, and auditors were appointed, who reported, that there was a balance due to the plaintiffs of one hundred and eighty one dollars and fifty cents. It appeared, that the plaintiffs’ account accrued for services rendered by the plaintiff Mrs. Gay, during coverture, to the testator, and that the testator promised, that she should be well paid for them. At the hearing before the auditors Mrs. Gay was admitted…
1Opinion of the Court
The opinion of the court was delivered by
Royce, J.
This action was brought to recover for services, rendered to the defendant’s intestate by the plaintiff Amy Gay, for which the intestate promised that she should be well rewarded. The account-sufficiently shows, that the services were rendered during her coverture.
The first exception to the report is, that she was admitted to testify before the auditors, against the defendant’s objection to her competency. It was decided in Carr v. Cornell, 4 Vt. 116, that in an action on book account, brought by or against the husband alone, his wife cannot…
2Cases cited1 opinion
- Carr v. CornellSupreme Court of Vermont · 1832
3Cited by5 opinions
- Driggs v. AbbottSupreme Court of Vermont · 1854
- Farrar v. BesseySupreme Court of Vermont · 1852
- Rawlins v. RoundsSupreme Court of Vermont · 1854
- Williams v. BrainerdSupreme Court of Vermont · 1880
- Goodale v. Frost's Adm'rSupreme Court of Vermont · 1887