Melendy v. Clark P.
Supreme Court of Vermont
Heard on the report of a referee, April Term, 1881, Powers, J., presiding. Judgment, pro forma, for the plaintiff to recover the larger sum reported. Action, trover. The plaintiff is the administrator of the estate of Miles Bennett, deceased. The suit was brought to recover the value of certain government bonds and money which the plaintiff claimed the defendants received of said Bennett in his life time, and since converted to their own use.
Read the full summary
Heard on the report of a referee, April Term, 1881, Powers, J., presiding. Judgment, pro forma, for the plaintiff to recover the larger sum reported. Action, trover. The plaintiff is the administrator of the estate of Miles Bennett, deceased. The suit was brought to recover the value of certain government bonds and money which the plaintiff claimed the defendants received of said Bennett in his life time, and since converted to their own use. The following question was asked E. P. Mudgett, a witness for the plaintiff: What is your opinion as to his (Bennett’s) capacity to dispose of and…
1Opinion of the Court
The opinion of the court was delivered by
Ross, J.
I. The defendants were properly excluded, by the' referee, as witnesses to what occurred before the appointment of the plaintiff as administrator, except to explain facts and circumstances which took place after the death of the intestate. They are expressly disqualified by Sec. 1003, R. L. Fitzsimons v. Southwick, 38 Vt. 509; Walker v. Taylor, 43 Vt. 612; French v. Barron et al, 49 Vt. 471; Roberts v. Lund, 45 Vt. 82. The case does not fall within the principles of sec. 1002 R. L., on which the defendants’ counsel have based their argument on…
2Cases cited8 opinions
- Fairchild v. BascombSupreme Court of Vermont · 1862
- Robinson v. WilsonSupreme Court of Vermont · 1849
- Fitzsimmons v. SouthwickSupreme Court of Vermont · 1866
- Soule v. AustinSupreme Court of Vermont · 1863
- Roberts v. LundSupreme Court of Vermont · 1872
3 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- Foster's Exrs. v. DickersonSupreme Court of Vermont · 1891
- Paine v. Central Vermont RailroadSupreme Court of the United States · 1886
- Larrow v. MartellSupreme Court of Vermont · 1918
- Jewett v. PudloSupreme Court of Vermont · 1934
- Parker Et Ux. v. ConeSupreme Court of Vermont · 1932
5 more not listed; retrieve them via the Exa API.