11 Vt. 96 | Vt. | 1839
The opinion of the court was delivered by
The orators offer no proof of the agreement stated in their bill; it must, therefore, be taken as admitted in the answer. If the answer is not entitled to credit, as the orators claim in their argument, the bill is without any evidence to support it.
With respect to the note executed by the deceased to Cady, there is no proof in relation to it, and it is wholly denied in the answer that there was any agreement about it. This note must be laid out of the question.
It is admitted there was some agreement in relation to the notes given to Me Candless; and, although they were purchased by the orators after the decease of Rood, and cannot be set off to the full amount against the claims which the deceased held against the present orators, yet, inasmuch as the orators may have relied on the agreement of the administrator, and, on that account, neglected to present them to the commissioners on the estate of the deceased, the orators are entitled to a dividend on those two notes, to be applied to the judgment which the defendants hold against them. The dividend, it appears, was sixty nine cents on the dollar.
With respect to the account against the estate for the attendance of Dr. Nims during the last sickness, it appears the orators have a just claim against the estate for the amount which may be found due. It is proved that Dr. Nims at
N.B. The defendants consented 'to the allowance of the account for last sickness, and the orator took a decree for that sum as well as for the dividend before mentioned.