Nason v. Crocker
Supreme Court of Vermont
This was an action of book account, brought to the county court by appeal. Judgment to account having been rendered, an auditor was appointed, who reported, that, in June, 1832, the plaintiff delivered to the defendant 2800 feet of spruce boards, the delivery of which the auditor found from the testimony of the plaintiff and other witnesses ; that the plaintiff never charged the boards on his book, although he kept one, and that the charge was made on a piece of paper,…
Read the full summary
This was an action of book account, brought to the county court by appeal. Judgment to account having been rendered, an auditor was appointed, who reported, that, in June, 1832, the plaintiff delivered to the defendant 2800 feet of spruce boards, the delivery of which the auditor found from the testimony of the plaintiff and other witnesses ; that the plaintiff never charged the boards on his book, although he kept one, and that the charge was made on a piece of paper, merely, for the purpose of a trial, at the time this suit was commenced; that, “at the same time- and place where said boards…
1Opinion of the Court
The opinion of the court was delivered by
Collamer, J.
When property is sold and paid for at the time, there is no debt or credit,, and, of course, no right to charge on book. If there bo any special agreement in relation to the property which is delivered in payment, giving rise to a subsequent claim, it must be by an action on such agreement. Indeed, there seems to be little controversy between the counsel as to the principle. Both agree that the plaintiff must have the right of charge when the property is delivered. We consider that no man canhave a right of *465charge unless there is a debt…
2Cited by3 opinions
- Stone v. PulsipherSupreme Court of Vermont · 1844
- Loomis v. WainwrightSupreme Court of Vermont · 1848
- Jackman v. PartridgeSupreme Court of Vermont · 1849