H. Amidown & Co. v. Osgood & Minard
Supreme Court of Vermont
Book Account. Judgment to account was rendered in the county court, and an auditor was appointed, who reported the following facts: That the goods specified in a hill marked “A.” amounting to the sum of $47,14 were sold and delivered by the plaintiffs to George Minard, on the twenty-eighth day of April, 1849, and also the goods specified in a bill marked “ B.” amounting to the sum of $114,04 were sold and delivered to George Minard, on the eighth day of October, 1849, and…
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Book Account. Judgment to account was rendered in the county court, and an auditor was appointed, who reported the following facts: That the goods specified in a hill marked “A.” amounting to the sum of $47,14 were sold and delivered by the plaintiffs to George Minard, on the twenty-eighth day of April, 1849, and also the goods specified in a bill marked “ B.” amounting to the sum of $114,04 were sold and delivered to George Minard, on the eighth day of October, 1849, and that said goods have not been paid for, or any part of them. That during the year 1848, and up to the first day of April,…
1Opinion of the Court
By the Court.
There does not seem to be any good reason to require the plaintiffs to set off the value of the mittens consigned to them by Minard, against the goods sold on the credit of Osgood & Minard, if the plaintiffs were justified in so selling the goods. For firstly, no such question appears ever to have been raised in the case before this time, and by every rule of practice it must have been raised in the court below, in order to form any ground of error in this court. Secondly, if the two first bills of goods were fairly delivered on the credit of Osgood & Minard, then there can be no…
2Cited by6 opinions
- Rector v. RobinsSupreme Court of Arkansas · 1905
- Wait v. BrewsterSupreme Court of Vermont · 1859
- Ewing & Gaines v. TrippeSupreme Court of Georgia · 1884
- Nicholson v. Moog & Co.Supreme Court of Alabama · 1880
- Preston v. FoellingerU.S. Circuit Court for the District of Indiana · 1885
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