Judd v. Blake
Supreme Court of Vermont
This was an action of book account, which was referred to an auditor who reported a balance in favor of the plaintiff. The report was- made to the April term of the county court, 1841, at which term the defendants pleaded in bar a settlement of the suit made between the parties since the last continuance. The issue upon this plea was put to the-court.
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This was an action of book account, which was referred to an auditor who reported a balance in favor of the plaintiff. The report was- made to the April term of the county court, 1841, at which term the defendants pleaded in bar a settlement of the suit made between the parties since the last continuance. The issue upon this plea was put to the-court. On trial, it appeared that after the hearing by the auditor,, he held the case under consideration for a time, but finally made the report now in the case and published it to the attorneys of the parties in Montpelier, the parties residing in…
1Opinion of the Court
The opinion of the court was delivered by
Royce, J.
The only question which the counsel have discussed in this case relates to the validity of the settlement, which took place between the plaintiff and the defendant, McIntyre, at the date of the plaintiffs receipt in full. I shall therefore only inquire whether that settlement ought legally to conclude the plaintiff.
That kind of fraud in dealing, by which one party to a contract is enabled to circumvent and cheat the other, usually consists in the assertion of falsehood, or the suppression of truth. But as McIntyre said nothing in the course of…
2Cited by1 opinion
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