Cushman v. Estate of Hall
Supreme Court of Vermont
Appeal from the decision and report of commissioners upon the intestate’s estate. The appellant filed a declaration in assumpsit upon the general counts. The nature of his claim, the facts' and testimony in reference thereto, the questions involved, and the proceedings of the county court thereon, sufficiently appear in the opinion, which, after argument by
1Opinion of the Court
was delivered by
Isham, J.
The plaintiff seeks to recover payment for 125 bushels of potatoes which were delivered to the defendant in the fall of 1842, in part payment of a note which Hall then held against him. The plaintiff afterwards renewed the note, and has since paid the renewal note, without any application of that payment. No indorsement for that matter was made on the note, and the claim was forgotten when the note was renewed, and when the renewal note was paid. The question now arises, whether that is a claim for which the plaintiff can recover in this suit. The court charged the…
2Cases cited4 opinions
- Strong v. McConnellSupreme Court of Vermont · 1838
- Corey v. GaleSupreme Court of Vermont · 1841
- Durrill v. Lawrence & LambSupreme Court of Vermont · 1838
- Stevens v. TuttleSupreme Court of Vermont · 1831
3Cited by2 opinions
- Stanley v. TurnerSupreme Court of Vermont · 1896
- Burbank v. NorrisSuperior Court of New Hampshire · 1807