Brown's v. Hitchcock
Supreme Court of Vermont
General and special assumpsit. Pleas, general issue, statute of limitations, and accord and satisfaction. Trial by jury at 'the September term, 1898, Rutland county, Thompson, J., presiding. Yerdict and judgment for the plaintiff under pro-forma rulings. The defendant excepted.
1Opinion of the CourtStart, J.
The plaintiff seeks to recover on three instruments executed by the defendant to the plaintiff’s testate. The 'first, dated August 8, 1873, is as follows: “I, Charles Hitchcock, have received of Marshall Brown, as executor of the will of Robert H. Smith, late of Pawlet, Yt., deceased, four hundred and fifty dollars, which I agree to pay to him *472on demand, with interest annually at the rate of seven per cent, per annum from this date, or to allow and apply the same to him in the settlement or division of the real estate of said Robert H. Smith, or out of the avails and proceeds thereof when…
2Cases cited1 opinion
- Brown's v. HitchcockSupreme Court of Vermont · 1896