Foster v. Estate of King
Supreme Court of Vermont
Appeal from the disallowance of a claim by commissioners on the defendant estate. Trial by jury, Orange County, December Term, 1900, Watson, J., presiding. On special verdicts returned judgment was rendered pro forma for the defendant. Both parties excepted. The exception of the plaintiff was to the judgment rendered. The defendant’s exceptions related to the admission of evidence and to the charge of the court.
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Appeal from the disallowance of a claim by commissioners on the defendant estate. Trial by jury, Orange County, December Term, 1900, Watson, J., presiding. On special verdicts returned judgment was rendered pro forma for the defendant. Both parties excepted. The exception of the plaintiff was to the judgment rendered. The defendant’s exceptions related to the admission of evidence and to the charge of the court. The plaintiff sought to recover upon a note for $300, dated May 6, 1898, payable to Bessie S. Tilson or order on demand and purporting to be signed by the decedent, A. S. King. It…
1Opinion of the CourtStafford, J.
The plaintiff seeks to* recover upon a promissory note for $300 signed by the intestate, King, payable to Mrs. Tilson or order, and by her indorsed to the plaintiff. The action is assumpsit; pleas, the general issue, payment and accord and satisfaction with notice that the signature would be denied. By special verdicts the jury found that the intestate signed the note, and that the plaintiff bought it of Mrs. Tilson before it was disallowed by the commissioners upon the decedent’s estate. They also found that although the note entered into the transaction of the purchase of certain property…
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