Moar v. Wright
Supreme Court of Vermont
Euroe. to reverse a judgment of the county court rendered December Term, 1824. The action below was assumpsit and came into the county court by appeal from a justice. The declaration alleged, that Wright, the defendant, was executor of the will of one Thomas Brownell, and represented the estate to be insolvent, upon which commissioners were appointed to receive and adjust the claims of creditors.
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Euroe. to reverse a judgment of the county court rendered December Term, 1824. The action below was assumpsit and came into the county court by appeal from a justice. The declaration alleged, that Wright, the defendant, was executor of the will of one Thomas Brownell, and represented the estate to be insolvent, upon which commissioners were appointed to receive and adjust the claims of creditors. That on tire 29th day of October 1821, the commissioners duly allowed in favor of one Isaac C. Brownell against the estate aforesaid the sum of $59,07 on book account; and having reported said…
1Opinion of the CourtRoyce, J.
As the action W£s brought upon the defendant’s promise, and not upon the allowance of the commissioners, the plea related to miatter of inducement and not to the gist of the declaration. If then the supposed repugnancy or variance in the statement of the probate re*63cord would not have availed the defendant in evidence under the general issue, the replication was a sufficient answerto die plea. The record, described in the replication, did show an allowance to Isaac C. Brownell, of the ‡59,07, on book account, and was therefore, for all the purposes of the action brought, consistent with the…
2Cited by13 opinions
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- Barney v. DouglassSupreme Court of Vermont · 1846
- Powers v. DouglassSupreme Court of Vermont · 1881
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