Legal Opinion

Gilman v. Peck

Supreme Court of Vermont

Decided July 15, 1839PublishedCited by 6 opinions

This was an action of book account. Judgment to account, having been rendered by the-county court, an auditor was appointed, who afterwards reported to said court, that the plaintiff’s account consisted of the following items, viz.;— "January 17, 1838. To poultry, price agreed $26,45 “ “ " » 527¿'lbs. of pork at 7 cents per pound 36,92 $63,37 Cr. " January, 17, 1838. By cash $58,37 5,00 And that the defendant did not present any account.

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This was an action of book account. Judgment to account, having been rendered by the-county court, an auditor was appointed, who afterwards reported to said court, that the plaintiff’s account consisted of the following items, viz.;— "January 17, 1838. To poultry, price agreed $26,45 “ “ " » 527¿'lbs. of pork at 7 cents per pound 36,92 $63,37 Cr. " January, 17, 1838. By cash $58,37 5,00 And that the defendant did not present any account. The auditor further reported, as follows ;— "That a few days previous to the date of the plaintiff’s " charge, the parties were together at Calais, and on…

1Opinion of the Court

The opinion of the court was delivéred by

Redfield, J.

Notwithstanding it is said in Wade’s case,

5 Coke’s R. 114. in regard to the payment of money, “ If there be any counterfeit money in the same, yet, if the party then accept the same, he cannot compel the party to change it ; or if it be rent, yet the once acceptance is good, and the lessor may not reenterand notwithstanding the doubts which have been intimated in the intermediate cases by eminent judges, it is at present, I apprehend, well settled, both in England and in most of the American states, that a payment in base coin, or…

2Cases cited2 opinions

  1. Young v. AdamsMassachusetts Supreme Judicial Court · 1810
  2. Manufacturers' & Mechanics' Bank v. GoreMassachusetts Supreme Judicial Court · 1818

3Cited by6 opinions

  1. Thrall v. NewellSupreme Court of Vermont · 1847
  2. State v. WilsonTexas Supreme Court · 1888
  3. Pickett v. PearsonsSupreme Court of Vermont · 1845
  4. Goodrich v. TracySupreme Court of Vermont · 1871
  5. Farr v. StevensSupreme Court of Vermont · 1854

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