Legal Opinion

Winship v. Waterman

Supreme Court of Vermont

Decided October 15, 1883PublishedCited by 7 opinions

[In Chancery.] Bill in chancery brought to charge the payment of a note signed by a married woman and her husband upon her separate real estate. Heard on the report of a special master, and exceptions, December Term, 1881, Orange County. Powers, Chancellor, ordered the exceptions to be overruled, and a decree for the orators as prayed for.

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[In Chancery.] Bill in chancery brought to charge the payment of a note signed by a married woman and her husband upon her separate real estate. Heard on the report of a special master, and exceptions, December Term, 1881, Orange County. Powers, Chancellor, ordered the exceptions to be overruled, and a decree for the orators as prayed for. Afterwards, at the December Term, 1882, there was another hearing before Chancellor Powers, and he ordered: “ This cause having been remanded from the Supreme Court to enable the defendant to apply for leave to file exceptions to the master’s report, and…

1Opinion of the Court

The opinion of the court was delivered by

Ross, J\

I. The defendant excepts to the special master’s report, because she says that he has reported conclusions of law instead of facts, in that he has found that part of the property for which recovery is sought were necessaries which went to her use in her family, and which were furnished upon the credit of her sole and separate estate. What are necessaries in a given case depends upon a variety of facts and circumstances; — the kind of property furnished, the use to which it can be put, the *185occasion for its use, the rank and station of the person…

2Cited by7 opinions

  1. Hall v. Windsor Savings BankSupreme Court of Vermont · 1923
  2. Fife v. CateSupreme Court of Vermont · 1912
  3. Allen's Admr. v. Allen's Admr.Supreme Court of Vermont · 1906
  4. Hooker, Corser & Mitchell Co. v. HookerSupreme Court of Vermont · 1915
  5. Colvin v. GraySupreme Court of Vermont · 1922

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