Soule v. Dougherty
Supreme Court of Vermont
Book Account. The action was commenced before a justice of the peace, and came to the county court by appeal. Judgment to account was rendered in the county court, and an auditor was appointed, who reported the facts substantially as follows:— The plaintiff presented the following account:— Patrick Dougherty to A. J. Soule, Dr. 1. April 19, 1850, to 19J doz. Eggs, at 10 c. $1,95' 2. “ “ to 3 doz. Pipes, 15 3. “ “ to J doz.
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Book Account. The action was commenced before a justice of the peace, and came to the county court by appeal. Judgment to account was rendered in the county court, and an auditor was appointed, who reported the facts substantially as follows:— The plaintiff presented the following account:— Patrick Dougherty to A. J. Soule, Dr. 1. April 19, 1850, to 19J doz. Eggs, at 10 c. $1,95' 2. “ “ to 3 doz. Pipes, 15 3. “ “ to J doz. Tumblers, 50 $2,60 $2,10-By Cash, 50 8,55 4. July 22, Fees on three writs, you v. Flinn and others, 6,36 5. Sept. 25, Fees on two Exs., you v. John Sherman and John…
1Opinion of the Court
The opinion of the court was delivered by
Roves, Ch..J.
In denying the right of the plaintiff to recover for the goods charged in his account, the court below were clearly right. There was. no color of authority for taking up the goods on the credit of the ' defendant. The remainder of the account consisted of the plaintiff’s fees, as an officer, upon -certain writs and executions, issued in the name of the defendant, against the signers of the notes taken by Thomas Dougherty. And the general question is, whether the defendant became legally responsible to the plaintiff for those charges.
We…
2Cases cited3 opinions
- Davis v. Waterman & NoyesSupreme Court of Vermont · 1838
- Felker v. EmersonSupreme Court of Vermont · 1844
- Slasson v. DavisSupreme Court of Vermont · 1826
3Cited by3 opinions
- Hibbard, Spencer, Bartlett & Co. v. City of ChicagoIllinois Supreme Court · 1898
- Snyder v. City of Mt. PulaskiIllinois Supreme Court · 1898
- Hibbard, Spencer, Bartlett & Co. v. City of ChicagoAppellate Court of Illinois · 1895