Stannard v. Burns' Admr.
Supreme Court of Vermont
Tliis was an appeal from an order of the Probate Court for the district of Pair Haven, accepting the report of commissioners, by which the claim of the plaintiff against the estate of Michael Burns was disallowed. Trial by court at the September term, 1890, Taft, J., presiding. Judgment for the plaintiff in the sum of $102.64. The defendant excepts.
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Tliis was an appeal from an order of the Probate Court for the district of Pair Haven, accepting the report of commissioners, by which the claim of the plaintiff against the estate of Michael Burns was disallowed. Trial by court at the September term, 1890, Taft, J., presiding. Judgment for the plaintiff in the sum of $102.64. The defendant excepts. The plaintiff claimed to recover upon an account consisting of fourteen items, of which the following is a copy : 1887. 1. Dec. 27, Michael Burns, to one day at Rutland.. . .$ 2 00 2. Car fare and hotel.................... 75 1888. 3. Feb. 7,…
1Dissent
Dissenting opinion by
THOMPSON, J.
The majority of the court affirm the judgment below, on the ground that the items of plaintiff’s account were necessaries, furnished by him to defendant’s testate, under such circumstances as to entitle plaintiff to recover therefor. I am unable to concur in this opinion and decision.
It was conceded on hearing that judgment was rendered in the County Court for the plaintiff to recover $102.64, although ■this fact does not appear from the exceptions. The trial in the County Court was by the court who filed a statement of these facts signed by the judges, and…
2Cases cited11 opinions
- Jackson ex. rel. Cadwell v. KingNew York Supreme Court · 1825
- L'Amoureux v. CrosbyNew York Court of Chancery · 1831
- Lincoln v. BuckmasterSupreme Court of Vermont · 1860
- Thrall v. WrightSupreme Court of Vermont · 1866
- Williams v. RobinsonSupreme Court of Vermont · 1867
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