Clark v. Marsh
Supreme Court of Vermont
This was a declaration upon book account, filed in offset, and, having come from the county court to this court upon exceptions, was, at a previous term, recommitted to auditors. And now the auditors made their report to this court, stating the facts as follows. The plaintiff claimed to recover oii'e half of the expense of supporting his father and mother for a number of years, — the intestate, James H. Clark, being the brother of the plaintiff.
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This was a declaration upon book account, filed in offset, and, having come from the county court to this court upon exceptions, was, at a previous term, recommitted to auditors. And now the auditors made their report to this court, stating the facts as follows. The plaintiff claimed to recover oii'e half of the expense of supporting his father and mother for a number of years, — the intestate, James H. Clark, being the brother of the plaintiff. At the trial before the auditors the plaintiff proved by his own affidavit, and without objection, the loss of a certain letter addressed to him by…
1Opinion of the Court
The opinion of the court was delivered by
Redfield, J.
Since the decision of the case of Stevens v. Richards et at, 2 Aik. 81, it has been held to be the settled law, in regard to the action of book account, that the parties are witnesses to the fullest extent, the same, precisely, as any other witnesses, in regard to all matters which concerned the account, as an account, — or as they express it in the state of Connecticut, where the same rule prevails, quoad the account. The language of chief justice Skinner, in that case, is full and explicit upon this point, — “As the parties are made…
2Cases cited5 opinions
- Bryan v. JacksonSupreme Court of Connecticut · 1822
- Reed v. TalfordSupreme Court of Vermont · 1838
- Stevens v. Richards, Trusdell, & Co.Supreme Court of Vermont · 1827
- Sargeant v. PettiboneSupreme Court of Vermont · 1826
- Boutwell v. TylerSupreme Court of Vermont · 1839
3Cited by2 opinions
- Warren & Bliss v. BishopSupreme Court of Vermont · 1850
- Carter v. Wright & HartSupreme Court of Vermont · 1853