Parker v. Parker
Supreme Court of Vermont
Assumpsit in tbe common counts. Plea, tbe general issue. Trial by jury at the March Term, 1896, Washington County, Ross, C. J., presiding. The trust has terminated and the legal title is in the plaintiff, so that a suit at law may be maintained. Any advancements or expenses chargeable to the fund may be offset.
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Assumpsit in tbe common counts. Plea, tbe general issue. Trial by jury at the March Term, 1896, Washington County, Ross, C. J., presiding. The trust has terminated and the legal title is in the plaintiff, so that a suit at law may be maintained. Any advancements or expenses chargeable to the fund may be offset. The plaintiff is not seeking to establish a trust, for that is conceded, nor to settle a trust, for that was settled when the defendant took the money and agreed to pay it to the plaintiff when she became of age. Lynde v. Davenport, 57 Vt. 597; Harris y. Harris, 44 Vt. 320; Underhill…
1Opinion of the CourtTaft, J.
The only question in this case is whether the plaintiff can maintain an action at law to recover the claim in controversy or whether her only remedy is in equity.
The defendant received eleven hundred dollars in certain mortgage notes that were subsequently paid him. He was to take care of the fund, keep it on interest, and when the plaintiff and her sister, respectively, became of age, he was to pay five hundred dollars, with its accumulations, to the plaintiff, and six hundred dollars, with its accumulations, to the sister. The defendant insists that this transaction created such a trust…
2Cases cited2 opinions
- Lynde v. DavenportSupreme Court of Vermont · 1885
- Congdon v. CahoonSupreme Court of Vermont · 1875
3Cited by8 opinions
- Dieter v. ScottSupreme Court of Vermont · 1939
- Reed v. HendeeSupreme Court of Vermont · 1927
- Van Orden v. AndersonCalifornia Court of Appeal · 1932
- Snyder v. ParmaleeSupreme Court of Vermont · 1908
- In Re the Estate of ManleySupreme Court of Vermont · 1942
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