Post v. Kenerson
Supreme Court of Vermont
General assumpsit brought by the plaintiff as administrator of O. A. Burton’s estate to recover for butter sold and delivered by his decedent to the defendant. Pleas, the general issue, payment, accord and satisfaction, the statute of limitations and offset. Trial by court, Franklin County, March Term, 1899, Mv/nson J., presiding. Judgment for the defendant on facts found. The plaintiff excepted.
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General assumpsit brought by the plaintiff as administrator of O. A. Burton’s estate to recover for butter sold and delivered by his decedent to the defendant. Pleas, the general issue, payment, accord and satisfaction, the statute of limitations and offset. Trial by court, Franklin County, March Term, 1899, Mv/nson J., presiding. Judgment for the defendant on facts found. The plaintiff excepted. The drafts of August 7 and August 31, referred to in the opinion, were not produced. There was evidence to show the accidental destruction of some of the papers of the plaintiff’s decedent and some…
1Opinion of the CourtTyler, J.
The court below found that the plaintiff’s decedent owned a farm in Swanton from which butter was shipped to the defendant for sale on commission; that the defendant re*342ceived the butter charged in the last fourteen items of the plaintiff’s specification, and was accountable for it at the prices carried out, which amounted to $698.97. The plaintiff claimed that $613.66 of this amount remained unpaid, while the defence was that payments had been made to more than cover the entire amount. The question was whether two certain drafts drawn by the decedent upon the defendant had been accepted by…
2Cases cited5 opinions
- Gleason & Field v. L. T. Kinney's AdministratorSupreme Court of Vermont · 1893
- Barber's Admr. v. BennettSupreme Court of Vermont · 1889
- Godding v. OrcuttSupreme Court of Vermont · 1871
- In re Diggins' EstateSupreme Court of Vermont · 1895
- Parris v. Bellows's EstateSupreme Court of Vermont · 1880
3Cited by6 opinions
- State ex rel. Romona Oölitic Stone Co. v. Central States Bridge Co.Indiana Court of Appeals · 1912
- Murray & Peppers v. DickensSupreme Court of Alabama · 1906
- San Francisco Teaming Co. v. GrayCalifornia Court of Appeal · 1909
- Smythe v. Central Vermont Railway Co.Supreme Court of Vermont · 1914
- Stockwell v. Stockwell's EstateSupreme Court of Vermont · 1918
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