Emery v. Tichout
Supreme Court of Vermont
This was an action of book account, wherein judgment to account was rendered by the county court and an auditor appointed, who reported abalance due to the plaintiff of $35,-05. The auditor further reported that the plaintiff was a physician and that his account against the defendant accrued under the following circumstances. The defendant had, for several years, been subject to fits, and had expended money for medical attendance, from which he derived little or no benefit.
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This was an action of book account, wherein judgment to account was rendered by the county court and an auditor appointed, who reported abalance due to the plaintiff of $35,-05. The auditor further reported that the plaintiff was a physician and that his account against the defendant accrued under the following circumstances. The defendant had, for several years, been subject to fits, and had expended money for medical attendance, from which he derived little or no benefit. Early in the defendant’s sickness, during which the plaintiff’s account principally accrued, and before more than ten or…
1Opinion of the Court
The opinion of the court was delivered by
Collamer, J.
By the auditor’s report it appears that the plaintiff had a legal account due for ten or twelve dollars. Then an agreement was made that the plaintiff, for after professional services, (the plaintiff being a physician) was not to sue defendant, but to receive such pay as the defendant could make from time to time. The plaintiff continued to render-services and charged them in account. The defendant delivered plaintiff various articles which he received and credited in account. What should be done with these articles ? The plaintiff had a…
2Cited by8 opinions
- Pratt v. PageSupreme Court of Vermont · 1859
- Conduitt v. RyanIndiana Court of Appeals · 1891
- Pierce, Clark & Co. v. KnightSupreme Court of Vermont · 1859
- Barrett v. SippIndiana Court of Appeals · 1912
- Caldwell v. WentworthSuperior Court of New Hampshire · 1843
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