Aldrich v. Morse
Supreme Court of Vermont
Debt upon an allowance of commissioners, in favor of the estate of Josiah W. Rogers, against the defendant, of which estate the plaintiff was administrator, made September 8th, 1843 for $186.12. The defendant plead the statute of limitations, to which the plaintiff replied a new promise, which was traversed by the defendant. Trial by the court, June Terry, 1855, — Poland, J., presiding.
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Debt upon an allowance of commissioners, in favor of the estate of Josiah W. Rogers, against the defendant, of which estate the plaintiff was administrator, made September 8th, 1843 for $186.12. The defendant plead the statute of limitations, to which the plaintiff replied a new promise, which was traversed by the defendant. Trial by the court, June Terry, 1855, — Poland, J., presiding. The plaintiff produced in evidence an original note of the defendant, with the allowance of the conimissioners thereon, and also a discharge of one-half of the debt by Tappan Stevens, and, in reference…
1Opinion of the Court
The opinion of the court was delivered by
Isham, J.
This is an action of debt on an allowance of commissioners. The claim ■ was allowed on the 8th of September, 1843, and a balance was found due from the defendant to the estate of Josiah W. Rogers, on which the plaintiff is administrator. To this claim the defendant has pleaded the statute of limitations. *644Tlie question arises, whether the statute bar has been removed by a subsequent promise to pay the debt. It appears that soon after the allowance by the commissioners, this claim, together with the effects of that estate, were sold at public…
2Cited by6 opinions
- Cashmar-King Supply Co. v. Dowd & KingSupreme Court of North Carolina · 1907
- Bowker v. HarrisSupreme Court of Vermont · 1858
- Moore v. StevensSupreme Court of Vermont · 1860
- Slack v. Town of NorwichSupreme Court of Vermont · 1860
- Devereaux & Meserve v. FairbanksSupreme Court of Vermont · 1880
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