Benton v. Chamberlain, Strong & Co.
Supreme Court of Vermont
Book Account. The action was brought against Selah Chamberlain, John Bradley, Timothy F. Strong, James Warrell, Joseph Chamberlain and Stephen C. Walker, as partners under the firm of Chamberlain, Strong & Company. Judgment to account was rendered, and auditors were appointed, who reported the facts substantially as follows.
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Book Account. The action was brought against Selah Chamberlain, John Bradley, Timothy F. Strong, James Warrell, Joseph Chamberlain and Stephen C. Walker, as partners under the firm of Chamberlain, Strong & Company. Judgment to account was rendered, and auditors were appointed, who reported the facts substantially as follows. The defendants entered into partnership, as rail road contractors, under the name and firm of Chamberlain, Strong & Co., and, as such, took a contract on the Rutland & Burlington Rail Road. About ten months previous to the accruing of any part of the plaintiff’s account,…
1Opinion of the Court
The opinion of the court was delivered by
Royce, Ch. J.
This was an action of book account, in which several questions have been discussed upon the facts reported by the auditors.
It is evident, however, that the county court, in accepting the report and rendering judgment thereon in favor of the defendants, decided only the question of misjoinder, in suing James Warrell with the other defendants. The auditors had reported their decision, that there was a misjoinder of defendants, at the same time reporting a balance due to the plaintiff, upon his account. The judgment in favor of the defendants…
2Cases cited1 opinion
- Loomis v. BarrettSupreme Court of Vermont · 1832
3Cited by3 opinions
- Hornaday v. CowgillIndiana Court of Appeals · 1913
- Iddings v. PiersonIndiana Supreme Court · 1885
- Deering v. FlandersSupreme Court of New Hampshire · 1870