Eaton v. Whitcomb
Supreme Court of Vermont
Book Account. Judgment to account was rendered in the county court, and an auditor was appointed, who reported the facts found by him as follows. The plaintiffs presented an account of $49.65; of which sum $39.55 was originally an account in favor of the firm of Fuller & Shaw against this defendant, for goods delivered by them to the defendant, while they were partners in the mercantile business.
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Book Account. Judgment to account was rendered in the county court, and an auditor was appointed, who reported the facts found by him as follows. The plaintiffs presented an account of $49.65; of which sum $39.55 was originally an account in favor of the firm of Fuller & Shaw against this defendant, for goods delivered by them to the defendant, while they were partners in the mercantile business. On the 4th day of March, 1842, Thomas H. Fuller, one of the firm of Fuller & Shaw, sold to Horace Eaton, one of the present plaintiffs, all his interest in the goods and demands belonging to the firm…
1Dissent
Williams, Ch. J.,
dissenting. I cannot come to the conclusion, to which my brethren have arrived in this case. The plaintiffs, in my opinion, are entitled to judgment for. the whole of their account. It is very desirable, that, in all mercantile transactions, in all transactions which respect partners, and bills of exchange, the decisions in the several States should be uniform, and should be in unison with the decisions in Great Britain. The different parties to be affected by them frequently reside in different States and governments, and hence the law in relation to these subjects should *647be…
2Cases cited3 opinions
- J. D. Evernghim v. R. & A. EnsworthNew York Supreme Court · 1831
- Davison v. GreenSupreme Court of Vermont · 1826
- Strong v. Preserved FishSupreme Court of Vermont · 1841