McCloy's Admrx. v. Watkins
Supreme Court of Vermont
General Assumpsit. Heard on an agreed statement of facts at the September Term, 1914, Rutland County, Slack, J., presiding. Judgment for defendant to recover his costs. The plaintiff excepted. The agreed statement of facts shows the following: In the year beginning May 1, 1903, the intestate conducted a liquor business in the city of Rutland, under a license of the second class, having associated with him one John J. Parris.
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General Assumpsit. Heard on an agreed statement of facts at the September Term, 1914, Rutland County, Slack, J., presiding. Judgment for defendant to recover his costs. The plaintiff excepted. The agreed statement of facts shows the following: In the year beginning May 1, 1903, the intestate conducted a liquor business in the city of Rutland, under a license of the second class, having associated with him one John J. Parris. Parris died in the winter following, his widow becoming administratrix on his estate. At the end of the term of the license, (May 1, 1904,) there was on hand a small…
1Opinion of the CourtWatson, J.
The plaintiff says that the defendant’s claim in discharge of which the payments were made, was known by him to be without foundation, false, and fraudulent; and that the intestate was induced to make the settlement in question by menace, duress, and undue advantage taken of his situation and circumstances; and that consequently the payments made may be recovered back in this action.
What the effect might be if the facts so stated by the plaintiff were established, we need not consider; for it does not appear that the defendant’s claim which entered into the settlement was without foundation…
2Cases cited5 opinions
- Babcock & Russell v. HawkinsSupreme Court of Vermont · 1851
- Bellows v. SowlesSupreme Court of Vermont · 1883
- Colston v. BeanSupreme Court of Vermont · 1906
- Holcomb v. StimpsonSupreme Court of Vermont · 1836
- Blake v. PeckSupreme Court of Vermont · 1839
3Cited by2 opinions
- Alexander v. ChevalierSupreme Court of Vermont · 1924
- Cooley v. HatchSupreme Court of Vermont · 1924