French v. Estate of Thompson
Supreme Court of Vermont
This was an appeal from the commissioners on the estate of J. C. Thompson, deceased, represented insolvent. In the county court, a declaration was filed in assump-sit, stating, in substance, that on the third day of July, 1825, the plaintiff was guardian of D. Hurlbut, and had due him, as such guardian, a sum of 500 dollars, and held in his possession personal property, deeds and notes belonging to said Hurlbut, out of which he could fully have paid himself: that on the…
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This was an appeal from the commissioners on the estate of J. C. Thompson, deceased, represented insolvent. In the county court, a declaration was filed in assump-sit, stating, in substance, that on the third day of July, 1825, the plaintiff was guardian of D. Hurlbut, and had due him, as such guardian, a sum of 500 dollars, and held in his possession personal property, deeds and notes belonging to said Hurlbut, out of which he could fully have paid himself: that on the third day he resigned said guardianship, and said Thompson was appointed; and that said Thompson, being desirous of…
1Opinion of the Court
The opinion of the court was pronounced by
Collamee, J.
— The plaintiff, by his declaration, insists that Thompson, in his private and individual capacity, made the promise, and for the consideration therein stated, to be personally holden. This was a question for the jury to try, and by their verdict they have found it as the plaintiff has declared; nor has any exception been taken to the charge as to the manner in which that question was left to the jury. This view of the case disposes of a large part of what has been urged in argument. To the jury the defendant should have urged the facts…
2Cases cited1 opinion
- Barney v. BlissSupreme Court of Vermont · 1825
3Cited by7 opinions
- Fullam v. AdamsSupreme Court of Vermont · 1864
- Osborne v. Grand Trunk Railway Co.Supreme Court of Vermont · 1913
- Cross v. RichardsonSupreme Court of Vermont · 1858
- Conti v. JohnsonSupreme Court of Vermont · 1917
- Gerow v. RiffeWest Virginia Supreme Court · 1887
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