Lunay v. Vantyne
Supreme Court of Vermont
Book Account. Judgment was rendered, pro forma, at the August Term, 1867, Steele, J., presiding, by request of the parties, for the plaintiff, for the Jarger sum reported by the auditor. Exceptions by the defendant.
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Book Account. Judgment was rendered, pro forma, at the August Term, 1867, Steele, J., presiding, by request of the parties, for the plaintiff, for the Jarger sum reported by the auditor. Exceptions by the defendant. The auditor reported the facts material to be stated', as follows: “The plaintiff presented but one item of account, which was a charge of one hundred and ninety-eight dollars and ninety-five cents, for one hundred and seventy-three weeks work by the plaintiff, from the 2d day of May, A. D. 1862, to the 15th day of September, A.D. 1865, at one dollar and fifteen cents per week. In…
1Opinion of the Court
The opinion of the court was delivered by
Steele, J.
1. The defendant’s wife was permitted to testify to matters which the auditor finds were transacted by her, as agent of her husband. The plaintiff claims, that she should have been excluded because these transactions occurred at the defendant’s house, and “ he might have known in relation to them.” It would, of course, be less probable that affairs would be left to the control and manage*504ment of the wife, when the husband is at home, than when he is away from home. But it is by no means certain that he attended to the business himself, because…
2Cases cited2 opinions
- Andrus v. FosterSupreme Court of Vermont · 1845
- Fitch v. PeckhamSupreme Court of Vermont · 1844
3Cited by11 opinions
- Morse v. KenneySupreme Court of Vermont · 1914
- Peters v. Estate of PoroSupreme Court of Vermont · 1922
- Drown's Guardian v. Chesley's EstateSupreme Court of Vermont · 1917
- Succession of DasteSupreme Court of Louisiana · 1910
- Sawyer v. Hebard's Est.Supreme Court of Vermont · 1886
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