Rising v. Cummings
Supreme Court of Vermont
Book Account. The court, at the September term, 1874, Royce, J., presiding, rendered judgment on the report for the plaintiff, for $2.59 damages; to which the defendant excepted. The case appears from the opinion. cited Chit. Cont.
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Book Account. The court, at the September term, 1874, Royce, J., presiding, rendered judgment on the report for the plaintiff, for $2.59 damages; to which the defendant excepted. The case appears from the opinion. cited Chit. Cont. (10th Am. ed.) 140-147, and notes, and 807; Downer v. Sinclair et al. 15 Yt. 495 ; Babcoch et al. v. Hawkins, 23 Yt. 561; Williams v. Little ‡ Co. 35 Yt. 323 ; Heaton v. Angier, 7 N. JET. 397; Croclcer v. Whitney, 10 Mass. 316, 322. cited Butter-field v. Hartshorn, 7 N. H. 348; Warren v. Batchelder, 15 N. H. 129, 136; Goodrich et al. v. Stanley, 24 Conn. 614, 622;…
1Opinion of the Court
*346The opinion of the court was delivered by
Redfield, J.
Mrs. O. S. Cummings purchased the defendant’s goods in her milliner’s shop, and, in part consideration therefor, promised to pay this debt to the plaintiff. Such agreement could only be enforced at law, by action in the name of the defendant. The plaintiff was made aware of this trade, and agreed with Mrs. Cummings that he would take her husband’s note for the defendant’s debt, on six months. No note was ever given; but Mrs. Cummings made remittances to the plaintiff from time to time to be applied on this debt, until the balance remaining…
2Cited by6 opinions
- Noyes v. PierceSupreme Court of Vermont · 1923
- Manley v. Vermont Mutual Fire InsuranceSupreme Court of Vermont · 1906
- Sargent v. DonahueSupreme Court of Vermont · 1920
- Boston & Maine Railroad v. Union Mutual Fire InsuranceSupreme Court of Vermont · 1910
- Welch v. MillerSupreme Court of Vermont · 1897
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