Woodcock v. Clark
Supreme Court of Vermont
Book Account. The action was commenced originally before the county court. Judgment to account was rendered, and an auditor was appointed, who reported, that there was a balance due to the plaintiff from the defendants of thirty two dollars and sixty six cents.
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Book Account. The action was commenced originally before the county court. Judgment to account was rendered, and an auditor was appointed, who reported, that there was a balance due to the plaintiff from the defendants of thirty two dollars and sixty six cents. It appeared, that the defendants, previous to the commencement of the action, tendered that sum to the plaintiff, and that they paid the money to the auditor, at the hearing before him ; but the tender was not pleaded, nor the money paid into court, previous to that time. The auditor sent the money to the court, with his report. The…
1Opinion of the Court
The opinion of the court was delivered by
Royce, J.
As the defendants have raised no question in reference to the evidence excluded at the hearing of the report, I shall *335pass that part of the case without remark. Two questions are to be considered: — 1. Whether the defendants were bound to plead the tender. 2. Whether it was necessary to bring the money into court at an earlier stage of the case.
1. That a tender must in general be specially pleaded admits of no controversy, or doubt. I am aware of no period, when the common law did not require it to be so pleaded. Such a plea, at common law,…
2Cases cited5 opinions
- Wing v. HurlburtSupreme Court of Vermont · 1843
- McDaniels v. ReedSupreme Court of Vermont · 1845
- Chipman v. BatesSupreme Court of Vermont · 1831
- Mills Max & Co. v. BrownellSupreme Court of Vermont · 1831
- Powers v. PowersSupreme Court of Vermont · 1839
3Cited by3 opinions
- Sargent v. SlackSupreme Court of Vermont · 1875
- Davis v. Nelson's EstateSupreme Court of Vermont · 1901
- Horn v. LuptonIndiana Supreme Court · 1914