Legal Opinion

Hicks' Estate v. Blanchard

Supreme Court of Vermont

Decided February 15, 1888PublishedCited by 3 opinions

Assumpsit to recover upon a promissory note on an account. Heard on a referee’s report, March Term, 1887, Powers, J., presiding. Judgment for the plaintiff to recover $1,970.41. This suit was brought by Joseph IT. Hicks, who deceased in 1884, and it is now prosecuted by his executrix.

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Assumpsit to recover upon a promissory note on an account. Heard on a referee’s report, March Term, 1887, Powers, J., presiding. Judgment for the plaintiff to recover $1,970.41. This suit was brought by Joseph IT. Hicks, who deceased in 1884, and it is now prosecuted by his executrix. As to items 9, 10, 11 and 12, it appeared that the defendant’s wife was a daughter of Hicks, and that the plaintiff and his wife went to live with defendant, and took with them provisions, and performed some labor; and these items were for the provisions and labor. It was found as to the testimony of H. W.…

1Opinion of the Court

The opinion of the court was delivered by

Royce, Ch. J.

This was an action of assumpsit in which the plaintiff claimed to recover the amount appearing to be due upon the promissory note and account described in his specification. The defence relied upon was the Statute of Limitations.

The evidence of the witnesses, Brigham and Stetson, was rightfully excluded. Brigham was the attorney of record of *678tbe plaintiff and brought this suit. While lie was acting as such attorney he came into possession of the note in controversy and the plaintiff’s specification of his claim, and the defendant offered…

2Cases cited4 opinions

  1. Davis v. SmithSupreme Court of Vermont · 1875
  2. Hodge v. ManleySupreme Court of Vermont · 1853
  3. Abbott v. KeithSupreme Court of Vermont · 1839
  4. Harris v. Howard's EstateSupreme Court of Vermont · 1884

3Cited by3 opinions

  1. Jeffers v. PeaseSupreme Court of Vermont · 1902
  2. McDowell v. McDowell's EstateSupreme Court of Vermont · 1903
  3. First National Bank of Fair Haven v. JohnsonSupreme Court of Vermont · 1893

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