Sargeant v. Pettibone
Supreme Court of Vermont
ACTION on book-account — referred to auditors, February term, 1 825. The auditors reported a balance in favour of the plaintiff, of $8,90. Annexed to their report and forming a part thereof, were the respective accounts of the parties, with minutes in the margin, of the sums allowed and disallowed on the several items of charge. Among the items allowed in the plaintiff’s account, were the following:— 1818. To cash paid Nathan Whiting, for Re- jig.
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ACTION on book-account — referred to auditors, February term, 1 825. The auditors reported a balance in favour of the plaintiff, of $8,90. Annexed to their report and forming a part thereof, were the respective accounts of the parties, with minutes in the margin, of the sums allowed and disallowed on the several items of charge. Among the items allowed in the plaintiff’s account, were the following:— 1818. To cash paid Nathan Whiting, for Re- jig. Inteli. at request, and postage, $3,78 March 9,1821. Amount from postage-books, $5,13 Jan. 10, 1825. Paid John Sargeant, at your request, 5,00 The…
1Opinion of the Court
The opinion of the Court was delivered by
Hutchinson, J.
This is an action brought upon book-account, which has been submitted to auditors, who have reported a balance in favour of the plaintiff. The questions now to be decided arise upon exceptions filed by the defendant to the report of the auditors. The first exception is taken to the allowance of plaintiff’s account without a production of the original book, which was called for by the defendant. Upon the case and affidavits, the fact appears to be, that the original book was produced, but sundry items had been altered since the original…
2Cited by2 opinions
- Clark v. MarshSupreme Court of Vermont · 1848
- Croker v. GoodnowSupreme Court of Vermont · 1870