Hall & Chase v. J. & J. H. Peck, & Co.
Supreme Court of Vermont
This was an action of book account, brought before a justice of the peace and carried, by appeal, to the county court, where judgment to account was rendered, and the case referred to an auditor, who reported, that the plaintiffs’ account, which was for a quantity of cloth and footings, was allowed at $ 48,64, subject to the opinion of the county court on the following statement of facts, viz ;— Up to some time in the month of July, 1835, the plaintiffs had been doing…
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This was an action of book account, brought before a justice of the peace and carried, by appeal, to the county court, where judgment to account was rendered, and the case referred to an auditor, who reported, that the plaintiffs’ account, which was for a quantity of cloth and footings, was allowed at $ 48,64, subject to the opinion of the county court on the following statement of facts, viz ;— Up to some time in the month of July, 1835, the plaintiffs had been doing business, as traders, in Plainfield, Vt. under the firm of Hall & Chase, when they discontinued and sold out their stock to…
1Opinion of the Court
*477The opinion of the Court was delivered by
Phelps, J.
The plaintiffs seek, in this case, to recover for certain property left by them with the defendants, to be sold and disposed of by the latter, as factors or agents.
The action is book account, and the first objection to the plaintiffs’ recovery is, that they have mistaken their remedy in suing in this form, when account, at common law, is the appropriate remedy.
This action, as adapted to book accounts, is a creature of the statute, which, after prescribing the mode of proceeding in the action of account, provides that the action may be…
2Cited by13 opinions
- McDaniels v. ReedSupreme Court of Vermont · 1845
- Stanley v. TurnerSupreme Court of Vermont · 1896
- Barber v. CaryNew York Supreme Court · 1861
- Hawley v. SoperSupreme Court of Vermont · 1846
- City of Burlington v. Burlington Traction Co.Supreme Court of Vermont · 1898
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