Legal Opinion

Roberts v. Estate of Burton

Supreme Court of Vermont

Decided February 15, 1855PublishedCited by 3 opinions

Usury. Claims against the estates of deceased, persons. Appeal from the decision and report of commissioners by the claimant, who declared in assumpsit; plea, the general issue and statute of limitations, trial by the court.

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Usury. Claims against the estates of deceased, persons. Appeal from the decision and report of commissioners by the claimant, who declared in assumpsit; plea, the general issue and statute of limitations, trial by the court. (It does not appear from the copies furnished at what term the case was tried, or who was the presiding judge.) On the trial, the plaintiff claimed the sum of $59.22, which he contended was usuriously included in a note given by him to the deceased, September 4th, 1841, for $2,000.00 which was not paid until 1852. He also claimed to recover one-seventh part of what he had…

1Opinion of the Court

The opinion of the court was delivered by

Bennett, J.

The claim which is sought to be recovered in this case, is mostly to recover back money paid to the deceased in his life time, as usury. Fifty-nine dollars and twenty-two cents was disallowed by the county court, upon the ground that it was not paid as usury, and to this the- plaintiff did not except. The other part of the claim was resisted before the county court upon the ground that it was not presented to the commissioners, and that such portion of it as was made to recover back money paid as usury did not survive against the estate of…

2Cases cited1 opinion

  1. Moore v. JonesUnited States District Court · 1848

3Cited by3 opinions

  1. Yearteau v. Bacon's EstateSupreme Court of Vermont · 1892
  2. Lafountain v. Burlington Savings BankSupreme Court of Vermont · 1883
  3. O'Neil v. ClevelandSupreme Court of New Jersey · 1878

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