Pickett v. Pearsons
Supreme Court of Vermont
Account, — the plaintiff declaring against the defendant as bailiff and receiver. Judgment to account was rendered, and the case was sent out to an auditor, who reported as follows.
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Account, — the plaintiff declaring against the defendant as bailiff and receiver. Judgment to account was rendered, and the case was sent out to an auditor, who reported as follows. In the fall of 1841 the plaintiff agreed with the defendant, who was going to Wisconsin, that he Would pay on'e' half of his expenses, if he would transact certain business there for him, — which the defendant agreed to do; that the plaintiff thereupon delivered to the defendant certain demands for collection, and, among them, a demand against one Chickering, who resided in Wisconsin Territory, for about eight…
1Opinion of the Court
The opinion of the court was delivered by
Redfield, J.
The rules of pleading, in the action of account, were correctly laid down, we think, in the case of Bishop v. Baldwin, 14 Vt. 145.. If the rule there laid down admits of any farther qualification, than the exception there named, it does not now occur to us. It is there said, that “ what may be pleaded in bar must be so pleaded,” and that “ all defences, which might be pleaded in bar, if not pleaded.are considered as waived,” — which are only identical propositions in different terms. It is there determined that the judgment to acccount…
2Cases cited2 opinions
- Bishop v. BaldwinSupreme Court of Vermont · 1842
- Gilman v. PeckSupreme Court of Vermont · 1839
3Cited by11 opinions
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- Baughn v. ShacklefordMississippi Supreme Court · 1873
- Plano Manufacturing Co. v. KlattSupreme Court of Minnesota · 1902
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