Ennos v. Pratt
Supreme Court of Vermont
Book Account. Judgment to account was rendered in the county court, and an auditor was appointed, who reported a balance due the plaintiff of $51,20, subject to the opinion of the court, upon the following facts specially reported: That all the accounts and dealings of the parties were closed on the 26th 'day of June, 1852 ; that both parties understood at this time, that the defendant was indebted to a considerable amount to the plaintiff; but there was a disagreement…
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Book Account. Judgment to account was rendered in the county court, and an auditor was appointed, who reported a balance due the plaintiff of $51,20, subject to the opinion of the court, upon the following facts specially reported: That all the accounts and dealings of the parties were closed on the 26th 'day of June, 1852 ; that both parties understood at this time, that the defendant was indebted to a considerable amount to the plaintiff; but there was a disagreement between them as to the amount of the balance. That this difference was in regard to many items of the plaintiff’s account…
1Opinion of the Court
The opinion of the court was delivered by ■
Redfield, Ch. J.
In regard to the charge not passed upon by the arbitrator, there can be no doubt of plaintiff’s right to recover. And, as he wished to try the effect of the award and note upon the whole account, he must have brought an action, upon the whole account, which he could only do at the county court, so that most obviously that court had jurisdiction of the case, and the plaintiff is entitled to recover the $3,20, in this action.
*636In regard to the effect o f the arbitration and the execution of the note and acceptance and collecting of it, by…
2Cases cited1 opinion
- Howard v. PufferSupreme Court of Vermont · 1851
3Cited by2 opinions
- Sartwell v. HortonSupreme Court of Vermont · 1856
- Groat v. PrachtSupreme Court of Kansas · 1884