Loomis v. Barrett
Supreme Court of Vermont
This was an action on book debt brought before Franklin county Court. Judgement having been rendered upon nil ditit, that defendant account, the case came before the auditor for hearing, who, having audited and adjusted the account, made the following report, viz. “ Your auditor further reports the following facts, in relation to the plaintiff *s account hereto annexed.
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This was an action on book debt brought before Franklin county Court. Judgement having been rendered upon nil ditit, that defendant account, the case came before the auditor for hearing, who, having audited and adjusted the account, made the following report, viz. “ Your auditor further reports the following facts, in relation to the plaintiff *s account hereto annexed. In September, 1823, the inhabitants of Henrysville, in Lower Canada, undertook to build a brick school house there by subscription, and appointed a committee for that purpose. This committee put up the job at public auction to…
1Opinion of the Court
Phelps, J.,
delivered the opinion of the Court. — The point principally relied on by the defendant, and the only one which it is necessary for the Court, on this occasion, to notice, is, whether the objection, that the claim in question was strictly a claim against-the defendant and McGrath as partners, and not against the defendant alone, was available before the auditor. It is contend-*452e<j by the plaintiff, that the objection is founded on mere matter J 1 . t . t t* of abatement, and should nave been so pleaded } that not having been pleaded in abatement,, the defence is to be considered as…
2Cases cited1 opinion
- Stevens v. Richards, Trusdell, & Co.Supreme Court of Vermont · 1827
3Cited by4 opinions
- Hagar v. StoneSupreme Court of Vermont · 1848
- Benton v. Chamberlain, Strong & Co.Supreme Court of Vermont · 1851
- Mellendy v. New England Protective UnionSupreme Court of Vermont · 1863
- Bailey v. HodgesSupreme Court of Vermont · 1847