Ganaway v. Miller
Supreme Court of Vermont
This was an action of account, brought before a justice of the peace, in which the plaintiff charged the defendant as bailiff and receiver, alleging that, from the 24th of March to the 18th of November, 1841, they were tenants in common of a certain farm, under an agreement by which the plaintiff was to furnish a team, and perform the labor necessary to cultivate said farm, and the parties were to share equally the produce and profits thereof, and pay equal shares of the…
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This was an action of account, brought before a justice of the peace, in which the plaintiff charged the defendant as bailiff and receiver, alleging that, from the 24th of March to the 18th of November, 1841, they were tenants in common of a certain farm, under an agreement by which the plaintiff was to furnish a team, and perform the labor necessary to cultivate said farm, and the parties were to share equally the produce and profits thereof, and pay equal shares of the expenses of the tools, and the keeping of the team, necessary to carry-on the same ; and that the defendant, during that…
1Opinion of the Court
The opinion of the court was deli vered- by
Hebard, J.
The first objection to a judgment upon the report is, that the auditor finds that each party has received bis share of the produce of the farm, and that the indebtedness found by the auditor is not a proper subject of accounting.
The declaration charges the defendant as standing in such a relation to the plaintiff as, if true, would, under our statute, which is similar in its provisions to the statute of the 4th Anne, hold him to an accounting; and as the expenses of keeping the team, and furnishing tools and seed, would necessarily…
2Cited by5 opinions
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- Joy v. WalkerSupreme Court of Vermont · 1857
- Strong v. RichardsonSupreme Court of Vermont · 1847