Legal Opinion

Gordon v. Mead

Supreme Court of Vermont

Decided March 3, 1908PublishedCited by 5 opinions

Book Account. Plea, the general issue. Trial by court at the September Term, 1907, Washington County, Waterman, J., presiding. Judgment for plaintiff for the amount of Ms account down to the time that the ease in question went to the Supreme Court, with interest only on the balance of the whole account to that time, and costs. The plaintiff excepted.

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Book Account. Plea, the general issue. Trial by court at the September Term, 1907, Washington County, Waterman, J., presiding. Judgment for plaintiff for the amount of Ms account down to the time that the ease in question went to the Supreme Court, with interest only on the balance of the whole account to that time, and costs. The plaintiff excepted. The only reference to the evidence made by the bill of exceptions is, "Transcript of that part of the testimony which relates to the right of plaintiff to compensation for services rendered in the Supreme Court, in and about the conduct of the…

1Opinion of the CourtRowell, C. J.

The plaintiff was the defendant’s attorney in defending a petition for a highway through the defendant’s land. The plaintiff’s services began February 19, 1897, and ■ended May 12, 1903, when his employment ceased.

The court allowed him interest only on the balance of the whole account, commencing one year after the whole account ended, instead of making annual rests, and computing interest ■on the annual balances. This was error. The "facts found” *38show nothing to take the case ont of the general rule for computing interest on running accounts. "We are asked to look into the testimony to find…

2Cases cited4 opinions

  1. Langdon v. Town of CastletonSupreme Court of Vermont · 1858
  2. Davis v. SmithSupreme Court of Vermont · 1875
  3. Mead v. Town of MoretownSupreme Court of Vermont · 1900
  4. Small v. HaskinsSupreme Court of Vermont · 1857

3Cited by5 opinions

  1. Cole v. WalshSupreme Court of Vermont · 1923
  2. Rinfret v. TrippSupreme Court of Vermont · 1924
  3. Holden v. CampbellSupreme Court of Vermont · 1929
  4. Tudor v. Tudor's EstateSupreme Court of Vermont · 1919
  5. Marshall Bros. v. Town of CanaanSupreme Court of Vermont · 1920

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