Bushee v. Allen
Supreme Court of Vermont
Book Account. The auditor reported tbe following facts: The plaintiff’s account was for boarding one Jason F. Walker, and keeping his horse from June 17, 1854, till July 2, 1855. During those years the plaintiff and defendant were both members of the Methodist Episcopal Church and Society, in Pawlet, and the defendant was steward of such society, it being his duty as such to attend to its business affairs, and particularly to raise the funds, and make the necessary…
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Book Account. The auditor reported tbe following facts: The plaintiff’s account was for boarding one Jason F. Walker, and keeping his horse from June 17, 1854, till July 2, 1855. During those years the plaintiff and defendant were both members of the Methodist Episcopal Church and Society, in Pawlet, and the defendant was steward of such society, it being his duty as such to attend to its business affairs, and particularly to raise the funds, and make the necessary disbursements for the support of preaching. In May, 1854, Rev. Jason F. Walker made an agreement with the society to act as their…
1Opinion of the CourtAldis, J.
I. Was the contract within the statute of frauds?
The defendant said to the plaintiff, “I want to hire you to board Mr. Walker; if you will do it, I will see that you shall be well paid, and have the money for it.” The plaintiff boarded Mr. Walker, the charge for which constitutes his account. It was never charged to Mr. Walker, or to anybody except the defendant. The auditor finds that the plaintiff furnished the board upon no other reliance than the direct individual liability *635of the defendant. Clearly, the defendant was primarily liable, and there was no collateral liability.
II. Was the…
2Cases cited4 opinions
- Stevens v. DamonSupreme Court of Vermont · 1857
- Whiting v. CorwinSupreme Court of Vermont · 1833
- Austin v. BerrySupreme Court of Vermont · 1830
- Darling v. HallSupreme Court of Vermont · 1833
3Cited by2 opinions
- Pocket v. AlmonSupreme Court of Vermont · 1916
- Sweatt v. JohnsonSupreme Court of Vermont · 1923