Porter v. Everts's Estate
Supreme Court of Vermont
Appeal from the decision of commissioners allowing a claim of Jennie L. Porter presented against the estate of Frances P. Everts. James A. Merrill, executor, appellant. Declaration, general and special assumpsit. Plea, the general issue. Pleard on the report of a referee, and exceptions thereto, at the September Term, 1905, Rutland County, Watson, J., presiding.
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Appeal from the decision of commissioners allowing a claim of Jennie L. Porter presented against the estate of Frances P. Everts. James A. Merrill, executor, appellant. Declaration, general and special assumpsit. Plea, the general issue. Pleard on the report of a referee, and exceptions thereto, at the September Term, 1905, Rutland County, Watson, J., presiding. Exceptions overruled, and judgment for plaintiff for $2,065.71, with interest from September 29, 1903. Plaintiff excepted. The referee found that on September 29, 1903, there was due plaintiff, “under the ten dollars per week clause”…
1Opinion of the CourtHaselton, J.
This was an action of assumpsit. The facts were found by a referee who reported that there was due the plaintiff on the 29th day of September, 1903, the sum of $6,921.68. The county court rendered judgment for the plaintiff for $2,065.71 with interest thereon from September 29, 1903. The plaintiff excepted, claiming that she should have had judgment for $6,921.68 with interest from the date last named. Whether or not judgment should have been for the larger of the two sums named depends upon the construction of an instrument in writing which will presently be set out in full.
Frances P. Everts…
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