Legal Opinion

Stone v. Foster

Supreme Court of Vermont

Decided February 15, 1844PublishedCited by 2 opinions

Book Account. The plaintiffs, on the hearing before the auditor, presented an account against the defendant for $108.42, cash paid to him by the Amoskeag Manufacturing Company, and credited him by freight of starch at two separate times $42.06, and by cash $20.00. The defendant presented no account. The auditor reported, in substance, as follows.

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Book Account. The plaintiffs, on the hearing before the auditor, presented an account against the defendant for $108.42, cash paid to him by the Amoskeag Manufacturing Company, and credited him by freight of starch at two separate times $42.06, and by cash $20.00. The defendant presented no account. The auditor reported, in substance, as follows. In June, 1841, the defendant was the owner of two teams, employed in carrying freight to Boston ; he sold one of the teams to one Shedd, and agreed to furnish Shedd with freight from that time until the January following. The plaintiffs were engaged…

1Opinion of the Court

The opinion of the court was delivered by

Hebakd, J.

The defendant objects to the auditor’s report for want of original jurisdiction in the county court. But this objection is obviated by the account itself, which shows a jurisdiction. If the plaintiffs are entitled to recover the balance which they claim, then their whole account being for more than one hundred dollars gives the county court jurisdiction.

The defendant also objects to the subject matter of the claim, as not being the proper subject of the book action. But we see but little foundation for this objection. The charge is for money…

2Cited by2 opinions

  1. Pratt v. PageSupreme Court of Vermont · 1859
  2. Russell v. DavisSupreme Court of Vermont · 1896

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