Schwarz v. Avery

Supreme Court of Vermont

Schwarz v. Avery

31 A.2d 920, 113 Vt. 183, 1943 Vt. LEXIS 152

DecidedMay 4, 1943

StatusPublished

This text of 31 A.2d 920 (Schwarz v. Avery) is published on Counsel Stack Legal Research, covering Supreme Court of Vermont primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Schwarz v. Avery, 31 A.2d 920, 113 Vt. 183, 1943 Vt. LEXIS 152 (Vt. 1943).

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Opinion

MoultoN, C. J.

This is an action in contract. The parties, the facts and the issues are the same as those in the tort action of *184 Schwarz v. Avery, ante p. 175, 31 A2d 916. The two cases were tried together below, and argued together here.

The plaintiff seeks to recover an alleged overpayment of her indebtedness to the defendant, trustee of the Avery Trust. The trial court gave judgment against her, and as appears from the opinion in the other case, there was no error in doing so.

Judgment affirmed.

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MoultoN, C. J.

This is an action in contract. The parties, the facts and the issues are the same as those in the tort action of *184 Schwarz v. Avery, ante p. 175, 31 A2d 916. The two cases were tried together below, and argued together here.

The plaintiff seeks to recover an alleged overpayment of her indebtedness to the defendant, trustee of the Avery Trust. The trial court gave judgment against her, and as appears from the opinion in the other case, there was no error in doing so.

Judgment affirmed.

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Bluebook (online)

31 A.2d 920, 113 Vt. 183, 1943 Vt. LEXIS 152, Counsel Stack Legal Research, https://law.counselstack.com/opinion/schwarz-v-avery-vt-1943.

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