Legal Opinion

Northrop v. Sanborn

Supreme Court of Vermont

Decided March 15, 1850PublishedCited by 4 opinions

Book Account. The action was commenced before a justice of the peace and came to the county court by appeal, taken by the defendant. Judgment to account was rendered in the county court, and an auditor was appointed, who reported the facts substantially as follows.

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Book Account. The action was commenced before a justice of the peace and came to the county court by appeal, taken by the defendant. Judgment to account was rendered in the county court, and an auditor was appointed, who reported the facts substantially as follows. The plaintiff’s account, which accrued in July, 1848, was allowed at $80,00. On the ninth day of August, 1848, the plaintiff drew upon the defendant an order, in these words, — “ Please to pay the bearer, Joseph B. Clough, 37,89, and I will account to you for the same on settlement.” The order was presented to the defendant, August…

1Opinion of the Court

The opinion of the court was delivered by

Redfield, J.

We think it not necessary to say, that the order, expressed for 37,89, is so far unintelligible, that it is void. The law of the United States’ Congress, establishing our national currency, having declared, that it shall consist of the dollar, as a unit, and the decimal parts of the dollar, as dimes and cents, it would seem the necessary legal intendment, that a contract expressed in figures should be in the currency of the country. If prefixed by the usual sign ($) no one could entertain doubt; and that is nothing but a mark to signify,…

2Cases cited3 opinions

  1. State v. GilbertSupreme Court of Vermont · 1841
  2. State v. HodgedenSupreme Court of Vermont · 1831
  3. Clark v. StoughtonSupreme Court of Vermont · 1844

3Cited by4 opinions

  1. Rembert v. StateSupreme Court of Alabama · 1875
  2. National Bank v. Second National BankIndiana Supreme Court · 1880
  3. State v. SchwartzWisconsin Supreme Court · 1885
  4. State v. WainwrightTennessee Supreme Court · 1913

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