Rix v. Nevins
Supreme Court of Vermont
Assumpsit on two promissory notes, for $80, each, the first note dated at “ Royalton, September 27, 1851the second note dated “ Royalton, October 31, 1851and both notes were made payable to “ Elisha Rix, Admr. of Geo. S. Lee’s estate, or order.”
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Assumpsit on two promissory notes, for $80, each, the first note dated at “ Royalton, September 27, 1851the second note dated “ Royalton, October 31, 1851and both notes were made payable to “ Elisha Rix, Admr. of Geo. S. Lee’s estate, or order.” After judgment for the plaintiff, for the amount of said notes, the defendant filed his motion in writing, to be allowed, in offset to said judgment, a judgment of the commissioners on the estate of said Elisha Rix, in favor of the defendant. To the allowance of this motion, the plaintiff objected, and showed the court, that Elisha Rix was the…
1Opinion of the Court
The opinion of the court was delivered by
Isham, J.
The judgment in this case was rendered on two promissory notes, payable to Elisha Rix as administrator of the' estate of George S. Lee. Elisha Rix has deceased, and the plaintiff is the administrator de bonis non of the estate of George S. Lee, and the administrator also, of the estate of Elisha Rix; and as administrator of Elisha Rix, has prosecuted these notes, and recovered this judgment; thus treating them as assets, and. as the property of that estate. The notes are merged in the judgment, and the defendant is now indebted upon that…
2Cases cited2 opinions
- Simpson v. HartNew York Court of Chancery · 1814
- Conable v. BucklinSupreme Court of Vermont · 1826
3Cited by5 opinions
- Bates v. SabinSupreme Court of Vermont · 1892
- Johnson v. KelleySupreme Court of Vermont · 1895
- Lopez v. McChesneyHawaii Supreme Court · 1896
- Powers v. DouglassSupreme Court of Vermont · 1881
- Sowles v. WittersU.S. Circuit Court for the District of Vermont · 1889