Warren & Bliss v. Bishop
Supreme Court of Vermont
Book Account. Judgment to account was rendered, and an auditor was appointed, who reported the facts substantially as follows. All the items in the plaintiff's account, except the first, were admitted to be correct.
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Book Account. Judgment to account was rendered, and an auditor was appointed, who reported the facts substantially as follows. All the items in the plaintiff's account, except the first, were admitted to be correct. The first item was a charge in these words;— “Balance due January 1,1844, as agreed, $186,61.” The defendant objected to the competency of the plaintiffs to establish this item by their own testimony; but the objection was overruled by the auditor ; and from the testimony of the parties, and other evidence, the auditor found, that the plaintiff Bliss and the defendant, on the…
1Opinion of the Court
The opinion of the court was delivered by
Royce, Ch. J.
That a balance ascertained and struck, upon a mutual settlement of book accounts, may properly be charged as an item in a new account, was settled by the cases cited, of Gibson v. Sumner, and Spear v. Peck. And the auditor has found the fact, (though the defendant did not admit it before him,) that the accounts between the plaintiffs and the defendant, existing before the first of January, 1844, were adjusted by the defendant and one of the plaintiffs, and the amount of the first item in the subsequent account mutually agreed upon as the…
2Cases cited6 opinions
- Bryan v. JacksonSupreme Court of Connecticut · 1822
- Peck v. AbbeSupreme Court of Connecticut · 1836
- Reed v. TalfordSupreme Court of Vermont · 1838
- Stevens v. Richards, Trusdell, & Co.Supreme Court of Vermont · 1827
- Warden v. JohnsonSupreme Court of Vermont · 1839
1 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- Briscoe v. KinealyMissouri Court of Appeals · 1879