Legal Opinion

Goodale v. Frost's Adm'r

Supreme Court of Vermont

Decided January 15, 1887Published

Book Account. Appeal from the commissioners upon the estate of Oliver Frost. Heard on an auditor’s report and exceptions thereto, June Term, 1885, Veazey, J., presiding. Judgment pro forma for the plaintiffs to recover 1149.13 on the items since the year 1876. One of the exceptions to the report was that book account by the husband and wife was not the appropriate form of action. The other facts are sufficiently stated in the opinion.

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Book Account. Appeal from the commissioners upon the estate of Oliver Frost. Heard on an auditor’s report and exceptions thereto, June Term, 1885, Veazey, J., presiding. Judgment pro forma for the plaintiffs to recover 1149.13 on the items since the year 1876. One of the exceptions to the report was that book account by the husband and wife was not the appropriate form of action. The other facts are sufficiently stated in the opinion. The earnings of the wife belong to the husband; and the law implies the promise to him. 1 Swift Dig. 37 ; 2 Saund. PI. & Ev. 187 ; Schoul. Dora. Rel., s. 81;…

1Opinion of the Court

The opinion of the court was delivered by

Powers, J.

The items in the plaintiffs’ account prior to 1877 are barred by the Statute of Limitations.

The balance of the items are for the services of the plaintiff wife, Hila Ann Goodale, rendered after her marriage to the plaintiff Rollin C.

The case of Gay and wife v. Rogers, 18 Vt. 342, is on all fours with this, and decisive against the plaintiff.

There, as here, the attempt was made to recover for the personal services of the wife during coverture in a joint action on book in favor of husband and wife. There, as here, an appeal was taken from the…

2Cases cited3 opinions

  1. Gay v. Estate of RogersSupreme Court of Vermont · 1846
  2. Baird v. FletcherSupreme Court of Vermont · 1878
  3. Williams v. BrainerdSupreme Court of Vermont · 1880

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