Lovell v. Field
Supreme Court of Vermont
This was an action on book account, which was submitted to auditors by the County Court, who made a special report of facts, and returned a balance in favor of the plaintiff By this report, it appears, that there was no objection to the items of the plaintiff; but objections were made to the plaintiff’s recovering at all, for reasons presented in the exceptions to the report, and again in exceptions to the decision of the County Court.
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This was an action on book account, which was submitted to auditors by the County Court, who made a special report of facts, and returned a balance in favor of the plaintiff By this report, it appears, that there was no objection to the items of the plaintiff; but objections were made to the plaintiff’s recovering at all, for reasons presented in the exceptions to the report, and again in exceptions to the decision of the County Court. The facts of the case need not be recited here, they are so füllyjstated in the arguments of the counsel, and the opinion of the Court. One fact, of a special…
1Opinion of the Court
Hutchinson, Ch. J.
The supposed interest of the auditors in this case bears the wrong way to support the objection. The auditors were creditors of the estate, and they have allowed the whole of the plaintiff’s account against the defendants. If this created any interest, it would be an interest to disallow the claim in whole or in part, thereby to leave a larger fund for the payment of their own debts. The defendants might be benefited, but never *221could bo injured by Ibis interest. The objection, coming from them, cannot prevail. Had the plaintiff’s claim been disallowed in whole, or in part,…
2Cited by7 opinions
- Hall v. Windsor Savings BankSupreme Court of Vermont · 1923
- Rich v. SowlesSupreme Court of Vermont · 1892
- Powers v. DouglassSupreme Court of Vermont · 1881
- Kelley v. KelleyU.S. Circuit Court for the District of Southern Ohio · 1898
- In re SharpNew York Surrogate's Court · 1887
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