Stedman v. Gassett
Supreme Court of Vermont
Account. The plaintiff alleged, in his declaration, that the plaintiff and defendant were tenants in common of a farm and certain personal property, and that the defendant was bailiff of the plaintiff of the same from the first day of April, 1840, until the first day of April, 1841. The defendant pleaded, that he was not bailiff of the plaintiff, that the plaintiff had not demanded an accounting, and that he was not tenant in common with the plaintiff of the premises and…
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Account. The plaintiff alleged, in his declaration, that the plaintiff and defendant were tenants in common of a farm and certain personal property, and that the defendant was bailiff of the plaintiff of the same from the first day of April, 1840, until the first day of April, 1841. The defendant pleaded, that he was not bailiff of the plaintiff, that the plaintiff had not demanded an accounting, and that he was not tenant in common with the plaintiff of the premises and property described. Trial by jury, — Hebard, J., presiding. On trial the plaintiff introduced evidence tending to prove,…
1Opinion of the Court
The opinion of the court was delivered by
Royce, J.
The proceedings in bankruptcy constitute no objection to the prosecution of this action in the plaintiff’s name, as the claim sought to be enforced had been previously assigned to Marsh.
It is objected, that the relation between these parties was not such, even in the outset, as to entitle the plaintiff to support the action of account. But it appears, that their contract was by parol, and, as it would seem, for a year only, — that the defendant was to carry on the farm upon shares, and that the produce was to be equally divided between them.…
2Cases cited5 opinions
- Babcock v. KennedySupreme Court of Vermont · 1829
- Bishop v. DotySupreme Court of Vermont · 1827
- Swift v. DeanSupreme Court of Vermont · 1839
- Albee v. FairbanksSupreme Court of Vermont · 1838
- Ganaway v. MillerSupreme Court of Vermont · 1843
3Cited by13 opinions
- Thompson v. BaxterSupreme Court of Minnesota · 1909
- Stout v. MerrillSupreme Court of Iowa · 1872
- Anderson v. WatkinsCourt of Appeals of Georgia · 1930
- Hastings v. PerrySupreme Court of Vermont · 1848
- Mott v. BourgeoisSupreme Court of Vermont · 1938
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