Winchell v. Noyes
Supreme Court of Vermont
Indebitatus assumpsit for goods, wares and merchandize sold and delivered, Plea, the general issue, and trial by the court, April Term, 1850, — Hall, J., presiding. The testator, John Shumway, died in 1839, leaving a will, of which one Warren Shumway was executor.
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Indebitatus assumpsit for goods, wares and merchandize sold and delivered, Plea, the general issue, and trial by the court, April Term, 1850, — Hall, J., presiding. The testator, John Shumway, died in 1839, leaving a will, of which one Warren Shumway was executor. The property described in the declaration belonged to the estate of John Shumway, and while it was in the .hands of Warren Shumway, as executor, for the purpose of being administered upon in due course of law, it was taken by the defendant, upon writs of attachment in his favor against Warren Shumway for his own individual debts,…
1Opinion of the Court
*305The opinion of the court was delivered by
Redfield, J.
We should be inclined to believe, that the present plaintiff, as administrator de bonis non, succeeded to all rights of action, existing on behalf of the estate, whether they accrued during the life time of the testator, or since his decease, as well before, as since the resignation of the executor, the same as under the English statute of Charles.
If that be so, the plaintiff might clearly have maintained trover, or trespass, for the goods taken by the defendant. And I see no reason to doubt, he might have waived the tort, and maintained…
2Cited by2 opinions
- Capital Garage Co. v. PowellSupreme Court of Vermont · 1922
- Dodge v. WatermanSupreme Court of New Hampshire · 1858