Carrutii v. Paige
Supreme Court of Vermont
Book Account. The action was commenced before a justice of the peace, and came to the county court by appeal, taken by the plaintiff. Judgment to account was rendered, and an auditor was appointed. The defendant insisted before the auditor, that a portion of the plaintiff’s account was barred by the statute of limitations.
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Book Account. The action was commenced before a justice of the peace, and came to the county court by appeal, taken by the plaintiff. Judgment to account was rendered, and an auditor was appointed. The defendant insisted before the auditor, that a portion of the plaintiff’s account was barred by the statute of limitations. It appeared, that at the trial before the justice, the defendant stated, that he would not take advantage of the statute of limitations, but if it was a just account he would pay it, but at the same time contended, that it was not a just account. The auditor reported, that…
1Opinion of the Court
The opinion of the court was delivered by
Hall, J.
The language used by the defendant, which is relied upon by the plaintiff to save the account from the operation of the statute of limitations, would doubtless have been held sufficient under former English decisions. But if the modern rule, requiring some acknowledgment, from which a willingness to be liable for the debt may be fairly inferred, is to be adhered to, there would not ap- ' pear to be any ground for giving it that effect. The declaration of the defendant, that he would pay the debt, was not only accompanied, with the condition,…
2Cases cited2 opinions
- Phelps v. StewartSupreme Court of Vermont · 1839
- Paddock v. ColbySupreme Court of Vermont · 1846
3Cited by3 opinions
- Bridges v. StephensSupreme Court of Missouri · 1896
- Ainsworth v. LipsohnArizona Supreme Court · 1921
- Moore v. StevensSupreme Court of Vermont · 1860