Smith v. Bradley
Supreme Court of Vermont
This was an action on booh account, originally commenced before a justice of the peace, and came to the county court on the appeal of the defendant. On the entry of the appeal in the county court, the defendant filed his petition or motion in writing, craving oyer of the plaintiff’s account against him, and also a plea of the statute of limitations, — both being filed on the 12th day of September, 1865, which was the first day of the term.
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This was an action on booh account, originally commenced before a justice of the peace, and came to the county court on the appeal of the defendant. On the entry of the appeal in the county court, the defendant filed his petition or motion in writing, craving oyer of the plaintiff’s account against him, and also a plea of the statute of limitations, — both being filed on the 12th day of September, 1865, which was the first day of the term. As the 20th rule of the county court provides that, in all actions on book account, “ each party shall furnish to the opposite party a copy of his book…
1Opinion of the Court
The opinion of the court was delivered by
Steele, J.
It is by statute that the action of account is made sustainable on book account. The other causes upon which account lies involve some special relation of express or implied trust as that of partner, bailiff, receiver or co-tenant. The several items of a book account, on the contrary, instead of being mutually dependent or growing out of some single relation betweeh^ihe^parties, may b& each, in effect, a distinct case, involving its own peculiar issues. If the defendant was required to plead to these items before reaching the auditor and the…
2Cases cited5 opinions
- Gordon v. PotterSupreme Court of Vermont · 1845
- Smith v. WatsonSupreme Court of Vermont · 1842
- Porter v. SmithSupreme Court of Vermont · 1848
- Hagar v. StoneSupreme Court of Vermont · 1848
- Judd v. BlakeSupreme Court of Vermont · 1842
3Cited by3 opinions
- Hall v. ArmstrongSupreme Court of Vermont · 1893
- New York Central Railroad v. ClarkSupreme Court of Vermont · 1918
- Bureau v. Hooker, Corser & Mitchell Co.Supreme Court of Vermont · 1911