Woodward v. Harlow
Supreme Court of Vermont
Book Account. The plaintiff claimed to recover, among other things, the amount of the notes specified in a receipt executed by the defendant, of which the following is a copy.
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Book Account. The plaintiff claimed to recover, among other things, the amount of the notes specified in a receipt executed by the defendant, of which the following is a copy. “ Eeceived of Beuben Marks, five notes against the following “ persons, — two against Ira Marks, $ 25.40 and $ 4.75 ; one against “Wesley Nelson, $ G4.G6, also one againgt Thraderr Stevens, of “ $ 22.00, also one against Ira Gibbs, not payable to the bearer, “ of $ 20.00, dated March 2, 1853, the same to hold or collect as “security, for John J. Woodward’s account, due to J. R. Harlow, “ the same above notes have the…
1Opinion of the Court
The opinion of the court was delivered by
Bennett, J.
The questions arise in this case upon an auditor’s report, in an action on book ; and the plaintiff claims to be allowed for three certain notes, which went into the defendant’s hands upon the terms specified by the auditor, and which had not been collected at the time of the audit, and which were disallowed by the county court. No question is raised, except as to the uncollected notes; and we are to inquire whether, upon the facts reported, an action of account, at common law, would lie to recover the amount of these notes. On the 26th day…
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