Durant v. Allen
Supreme Court of Vermont
Assumpsit. Plea, the general issue, and trial by jury, December Term, ,,1873. Ross, J., presiding. The testimony on the part of plaintiff tended to show that he was a physician, practicing at Danville; that he was called to visit one Lemuel Allen in his last sickness, making in all fifty-one visits; that defendant was the widow of said Allen ; that sometime in December, 1866, after the death of said Allen, plaintiff drew off his account against the estate of said Allen, and…
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Assumpsit. Plea, the general issue, and trial by jury, December Term, ,,1873. Ross, J., presiding. The testimony on the part of plaintiff tended to show that he was a physician, practicing at Danville; that he was called to visit one Lemuel Allen in his last sickness, making in all fifty-one visits; that defendant was the widow of said Allen ; that sometime in December, 1866, after the death of said Allen, plaintiff drew off his account against the estate of said Allen, and sent the same to defendant, and inquired if any steps had been taken to settle the estate; that soon after defendant…
1Opinion of the Court
The opinion of the court was delivered by
Peck, J.
The only exception relied on is to the ruling of the court, that upon the special finding of the jury the plaintiff could not recover, as the verbal contract claimed by tho plaintiff came within the Statute of Frauds, and thereupon rendering judgment for the defendant; the defendant’s counsel claiming that tho contract was not within the Statute of Frauds.
The verbal promise relied on by the plaintiff clearly comes within the letter of the provision of the statute that “ no action at law or in equity shall be brought, * * * to charge any person…
2Cases cited2 opinions
- Fullam v. AdamsSupreme Court of Vermont · 1864
- Cross v. RichardsonSupreme Court of Vermont · 1858
3Cited by4 opinions
- Bernard J. Lee, Platiff-Appellant v. Jenkins Brothers, Bernard J. Lee v. Farnham YardleyCourt of Appeals for the Second Circuit · 1959
- Conti v. JohnsonSupreme Court of Vermont · 1917
- Ruppe v. PetersonMichigan Supreme Court · 1887
- Bernard J. Lee, Platiff-Appellant v. Jenkins Brothers, Bernard J. Lee v. Farnham YardleyCourt of Appeals for the Second Circuit · 1959