Brown's Exr. v. Dunn's Est.
Supreme Court of Vermont
Appeal, erom Commissioners. Declaration in the common counts. Plea, the general issue. Trial by jury at the March Term, 1901, Rutland County, Munson, J., presiding. Judgment for defendant on verdict ordered. The plaintiff excepted. If the notes against A. C. Bates & Son were a part of Nelson' Brown’s estate it w!as the duty of this executor to collect them', and if, through his neglect, he fails to do so, his bondsmen would be liable.
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Appeal, erom Commissioners. Declaration in the common counts. Plea, the general issue. Trial by jury at the March Term, 1901, Rutland County, Munson, J., presiding. Judgment for defendant on verdict ordered. The plaintiff excepted. If the notes against A. C. Bates & Son were a part of Nelson' Brown’s estate it w!as the duty of this executor to collect them', and if, through his neglect, he fails to do so, his bondsmen would be liable. Lyon v. Osgood, 58 Vt. 707. The money paid to Mr. Dunn is held for the payment of the notes, and the claim against bis estate is presented by the proper party.…
1Opinion of the CourtStart, J.
This is an appeal from the decision of commissioners upon the estate of James C. Dunn. The contention is over the liability of Dunn’s estate to Amos C. Bates, as executor of the estate of Nelson' Brown, for money claimed to *266have been paid to Dunn by Bates. At the close oí the plaintiff’s evidence, the Court ordered a verdict for the defendant. This was error. The evidence tended to show that Amos C. Bates was executor of the estate of Nelson Brown, and as such executor was required to give a new bond; that the personal assets of the estate principally consisted of promissory notes for the sum…
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- Phelps, Dodge & Co. v. C. B. Conant & Co.Supreme Court of Vermont · 1858
- Clark v. Employers' Liability Assurance Co.Supreme Court of Vermont · 1900
- Shanks v. WhitneySupreme Court of Vermont · 1894
- Rutland & Burlington R. R. v. ColeSupreme Court of Vermont · 1851
- Davenport v. North Eastern Mutual Life Ass'nSupreme Court of Vermont · 1875
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