Lyman v. Norwich University
Supreme Court of Vermont
Book Account. The disputed item in the plaintiff’s account was for “ casli to repair buildings as per H. S. Wheaton’s (president,) accountable receipt, April 3d, 1848, — $ 50,” in reference to which the auditor reported as follows. “ In the year 1848, Henry S. Wheaton was president of the Norwich University. After his election an effort was made to raise money by subscription to repair the college buildings.
Read the full summary
Book Account. The disputed item in the plaintiff’s account was for “ casli to repair buildings as per H. S. Wheaton’s (president,) accountable receipt, April 3d, 1848, — $ 50,” in reference to which the auditor reported as follows. “ In the year 1848, Henry S. Wheaton was president of the Norwich University. After his election an effort was made to raise money by subscription to repair the college buildings. That effort did not succeed, and in a conversation between the president, Mi'. Brewster, a member of the corporation, and the plaintiff, who, also, was a member of the corporation, the…
1Opinion of the Court
*563The opinion of the court was delivered by
Bennett, J.
In relation to the first item in the plaintiff’s account, the auditor submitted two questions ; first did the item ever constitute a legal charge against this defendant; and if so, secondly, was it barred by the statute of limitations when the suit was brought ?
The case finds, that the defendant proposed to be one of six to advance the sum of three hundred dollars to repair the university buildings ; and for that purpose he would loan fifty dollars, with the understanding that it should'be repaid to him; and upon being informed afterwards…
2Cases cited2 opinions
- Polleys v. Ocean InsuranceSupreme Judicial Court of Maine · 1837
- Bank of Oldtown v. HoultonSupreme Judicial Court of Maine · 1842
3Cited by2 opinions
- Manchester Marble Co. v. Rutland RailroadSupreme Court of Vermont · 1927
- Talcott v. Pine GroveU.S. Circuit Court for the District of Western Michigan · 1872