Legal Opinion

Curtiss v. Greenbanks

Supreme Court of Vermont

Decided April 15, 1852PublishedCited by 14 opinions

Book Account. Judgment to account was rendered in the county court, and an auditor appointed, who reported the facts substantially as follows:— The defendant, (who owned a woolen factory, in Barnet, Vt.) in the month of November, 1849, through an agent authorized for the. purpose, hired the plaintiff, as a master carder, and one Robertson, as a master spinner, to work in his factory, the plaintiff at $1.25 per day, and the said Robinson at $1.50 per day.

Read the full summary

Book Account. Judgment to account was rendered in the county court, and an auditor appointed, who reported the facts substantially as follows:— The defendant, (who owned a woolen factory, in Barnet, Vt.) in the month of November, 1849, through an agent authorized for the. purpose, hired the plaintiff, as a master carder, and one Robertson, as a master spinner, to work in his factory, the plaintiff at $1.25 per day, and the said Robinson at $1.50 per day. They came on to Barnet from Lawrence, Mass., on the 17th day of December, 1849, to commence work for defendant, under said hiring. The…

1Opinion of the Court

By the Court.

The auditor, in this case, has reported the sum of $52.44, as being the balance due the plaintiff on the 15th day of May, 1850. This balance, so far as the plaintiff’s account is concerned, is conclusive on both these parties, as no exceptions by the plaintiff were taken to the ruling of the auditor, in ascertaining that amount. We are, therefore, to regard that sum as the balance really due at that time to the plaintiff.

The question arising in this case, is upon the tender of $53.44, made on this account, shortly before the commencement of this action. No question has been…

2Cited by14 opinions

  1. Cheney v. BilbyCourt of Appeals for the Eighth Circuit · 1896
  2. Thompson v. LyonWest Virginia Supreme Court · 1894
  3. McCalley v. OteySupreme Court of Alabama · 1892
  4. Rosenberg v. TaftSupreme Court of Vermont · 1920
  5. City of Chicago v. Chicago City Railway Co.Appellate Court of Illinois · 1927

9 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API