Legal Opinion

Batchelder v. White's Admr.

Supreme Court of Vermont

Decided March 5, 1909PublishedCited by 3 opinions

Appeal in Chancery. Heard on the pleadings and evidence taken before tbe Chancellor, at tbe April Term, 1909, Wind-ham County, Haselton, Chancellor. Decree that tbe bill be dismissed with costs. Tbe orator appealed. Tbe opinion states tbe case. Tbe claim was sufficiently presented. A claim as defined by Bouvier in bis Law Dictionary, is tbe assertion of a liability to tbe party making it to do some service or pay a sum of money.

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Appeal in Chancery. Heard on the pleadings and evidence taken before tbe Chancellor, at tbe April Term, 1909, Wind-ham County, Haselton, Chancellor. Decree that tbe bill be dismissed with costs. Tbe orator appealed. Tbe opinion states tbe case. Tbe claim was sufficiently presented. A claim as defined by Bouvier in bis Law Dictionary, is tbe assertion of a liability to tbe party making it to do some service or pay a sum of money. In its ordinary sense, a claim imports tbe assertion, demand or challenge, of something as a right, or it means a thing thus demanded or challenged. Prigg v. Penn.,…

1Opinion of the CourtPowers, J.

When Alvin H. White, late of Newfane, was alive, be owed tbe orator a promissory note and a small balance on open account. Commissioners on White’s estate were duly appointed, and tbe orator, acting through a relative living at Newfane, seasonably sent to them a statement of tbe book account, and tbe following statement of tbe note:

*134“Newfane, Vt., December 14, 1905.

Commissioners A. H. White Estate:

The amount due on note of Alvin H. White in favor of N. M. Batchelder is as per statement rendered below:

Dated August 25, 1898, face.........$207.59

Payment, August 16, 1904 .......... 1.00

$206.59

Inter…

2Cases cited1 opinion

  1. Dickey v. CorlissSupreme Court of Vermont · 1868

3Cited by3 opinions

  1. In re Hayes's EstateSupreme Court of Vermont · 1916
  2. Wetmore & Morse Granite Co. v. BertoliSupreme Court of Vermont · 1913
  3. Vermont-Peoples' National Bank v. Robbins' EstateSupreme Court of Vermont · 1933

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