Metcalf v. Metcalf's Estate
Supreme Court of Vermont
Appeal by Jennie M. Metcalf from the disallowance of her claim against the estate of Cyrus D. Metcalf. Declaration in book account. Special plea in bar of judgment to account.' Heard on demurrer to that plea at the September Term, 1914, Orleans County, Fish, J., presiding. Demurrer sustained, plea adjudged insufficient, and judgment to account. Defendant excepted. The opinion states the case.
1Opinion of the CourtHaselton, J.
This was a probate appeal. The plaintiff sought to recover in book account against the estate of Cyrus D. *64Metcalf. The defendant filed a plea in bar of a judgment to account on the ground that during the time when the supposed items of boob account were claimed to have accrued, the plaintiff and Cyrus D. Metcalf were husband and wife living together as such in this State; and that so, in law, the wife could have had no cause of action for the items against Cyrus in his lifetime, and can have none against his estate. To this plea the plaintiff demurred. The demurrer was sustained, the plea…
2Cases cited11 opinions
- Laird v. PerrySupreme Court of Vermont · 1902
- First National Bank v. BertoliSupreme Court of Vermont · 1914
- Barton National Bank v. AtkinsSupreme Court of Vermont · 1899
- Ainger v. White's Admrx.Supreme Court of Vermont · 1912
- Dietrich v. HutchinsonSupreme Court of Vermont · 1908
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3Cited by2 opinions
- New York Central Railroad v. ClarkSupreme Court of Vermont · 1918
- Stockwell v. Stockwell's EstateSupreme Court of Vermont · 1918