Holdridge v. Holdridge's Estate
Supreme Court of Vermont
This case was tried at the September Term, 1880, by the court, Royce, J., presiding. It is an appeal from the decision of the commissioners of the estate of Jehiel Holdridge, late of St. Albans, deceased.
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This case was tried at the September Term, 1880, by the court, Royce, J., presiding. It is an appeal from the decision of the commissioners of the estate of Jehiel Holdridge, late of St. Albans, deceased. The declaration is assumpsit upon a supposed award of G. H. Sheltus and S. H. Kellogg, claimed by the plaintiff, Ellen S. Holdridge, to have been made in her favor as administratrix of Oscar B. Holdridge’s estate, against the said Jehiel Holdridge in his lifetime ; and also contained the general counts in assumpsit. Plea, the general issue and Statute of Limitations, and notice of special…
1Opinion of the Court
The opinion of the court was delivered by
Ross, J.
The evidence tended to show that the daughter, Ursula, was authorized by her father to transact quite as important matters as the payment of the ten dollars on the award. The health of the father and other sister was such as rendered it natural to vest in her authority to transact all minor business. The evidence, together with the fact that she professed to act in his behalf, and took the receipt in the name of the father, was sufficient to warrant the County Court in finding that she was authorized to make the payment.
The question of variance…
2Cited by8 opinions
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- Fitzsimons v. Richardson, Twigg & Co.Supreme Court of Vermont · 1912
- Everett v. WingSupreme Court of Vermont · 1931
- Chase v. RobinsonSupreme Court of Vermont · 1912
- Dano v. SessionsSupreme Court of Vermont · 1893
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