Jones v. Estate of Ellis
Supreme Court of Vermont
Appeal from a decree of the probate court for the district of Washington accepting the report of commissioners for the allowance of claims against the estate of J. W. Ellis. Trial by jury at the September term, 1895, Washington county, Thompson, J., presiding. Verdict and judgment, for the defendant. The plaintiff excepts.
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Appeal from a decree of the probate court for the district of Washington accepting the report of commissioners for the allowance of claims against the estate of J. W. Ellis. Trial by jury at the September term, 1895, Washington county, Thompson, J., presiding. Verdict and judgment, for the defendant. The plaintiff excepts. The plaintiff claimed to recover in respect to the sale of certain shares of. stock in the Sioux City Valley Land Company upon the ground, first, that the plaintiff was induced to purchase said stock by the fraudulent representations of the intestate, and second, that the…
1Opinion of the CourtTaft, J.
The plaintiff purchased of Ellis, the deceased, fifty shares of the capital stock of the Sioux City Valley Land Company and paid two thousand dollars therefor. The plaintiff claimed that the sale was effected by fraud on the part of Ellis, and the first question before us is :
I. Does the action survive ; can it be maintained against the estate of Ellis? This depends upon the construction given s. 2446, V. S., which provides that among other actions, those of “trespass and trespass on the case for damages done to ***** personal estate shall survive.” The fraud which the plaintiff claims was…
2Cases cited2 opinions
- Phelps, Dodge & Co. v. C. B. Conant & Co.Supreme Court of Vermont · 1858
- Aiken v. KennisonSupreme Court of Vermont · 1886
3Cited by9 opinions
- McGrath v. C. T. Sherer Co.Massachusetts Supreme Judicial Court · 1935
- Blaisdell & Barron v. DavisSupreme Court of Vermont · 1900
- Estate of Emil Kuhling by Richard W. Kuhling v. Taylor GlazeSupreme Court of Vermont · 2018
- Ahern v. McGlinchySupreme Judicial Court of Maine · 1914
- Bullowa v. GladdingSupreme Court of Rhode Island · 1917
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