Legal Opinion

Hapgood v. Southgate

Supreme Court of Vermont

Decided March 15, 1849PublishedCited by 4 opinions

Appeal from the decision of commissioners upon the estate of Richard Southgate, deceased, allowing a claim in favor of the plaintiffs against the estate. In the county court the plaintiffs declared in book account, and an auditor was appointed, who reported the facts substantially as follows.

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Appeal from the decision of commissioners upon the estate of Richard Southgate, deceased, allowing a claim in favor of the plaintiffs against the estate. In the county court the plaintiffs declared in book account, and an auditor was appointed, who reported the facts substantially as follows. The plaintiffs were partners iii business, under the firm name of B. Hapgood & Co., from May 1, 1833, to May 1, 1835, when the firm was dissolved, and Hapgood purchased Morrison’s interest in the property of the firm and the debts due to them. There was at that time an account due to the firm from the…

1Opinion of the Court

The opinion of the court was delivered by

Hall, J.

It is insisted, in behalf of the defendant, that the statute of limitations is a bar to the plaintiff’s account, for two reasons; first, because the credit was given more than six years before the presentment of the claim to the commissioners; and secondly, because the credit was not proved by competent testimony.

The fifteenth section of chapter fifty eight of the Revised Statutes contains a provision, allowing creditors of an estate to prosecute their claims before commissioners, when the debtor dies before the statute has become a bar, and…

2Cases cited1 opinion

  1. McLaughlin v. HillSupreme Court of Vermont · 1834

3Cited by4 opinions

  1. Eilke v. RiceCalifornia Supreme Court · 1955
  2. Sambs v. SteinWisconsin Supreme Court · 1881
  3. Noyes v. CushmanSupreme Court of Vermont · 1853
  4. Briggs v. Estate of ThomasSupreme Court of Vermont · 1859

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