Legal Opinion

Judd & Harris v. Wilson

Supreme Court of Vermont

Decided January 15, 1834PublishedCited by 2 opinions

This was a declaration on book account, filed in offset to a suit of the defendant against the plaintiffs, agreeably to the statute.

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This was a declaration on book account, filed in offset to a suit of the defendant against the plaintiffs, agreeably to the statute. Upon the trial before the auditors, the plaintiffs exhibited a large account, which was disallowéd by them, and in their report make the following statement of facts, and grounds of their decision in the cause : It appeared to the auditors, that on the first day of January, 1821, the said Eben W. Judd, Harvey Wilson and Lebbeus Harris, entered into a co-partnership in business in manufacturing and selling marble. — That said partnership continued, constituted of…

1Opinion of the Court

The opinion of the court was pronounced by

Williams Ch. J.

— In this action it appears that the auditors reported in favor of the defendant, Wilson, on two grounds. First, that the articles charged and claimed against him were not recoverable in an action on book ; *189and, second, that the claim for them was settled by an award of arbitrators.

Judd, Harris and Wilson were partners from January, 1821, to July, 1826. It appears to have been a partnership consisting of three parties ; and it also appears, that, previous to January 1, 1824, no accounts were kept on the partnership books, against either…

2Cited by2 opinions

  1. Beede v. Fraser & Co.Supreme Court of Vermont · 1894
  2. Burnham v. HopkinsonSuperior Court of New Hampshire · 1845

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