Legal Opinion

Pangborn v. Saxton

Supreme Court of Vermont

Decided January 15, 1839PublishedCited by 3 opinions

This was an action of book account. The charge in dispute was for an organ case. The auditor reported the following facts, viz. that the case was made by the plaintiff for one Lewis, and charged to him on book. Lewis afterwards sold it to the defendant, who agreed with Lewis to pay plaintiff $45, and gave plaintiff notice of such agreement; upon which the plaintiff altered the charge on his book, erasing Lewis’s name and substituting that of the defendant.

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This was an action of book account. The charge in dispute was for an organ case. The auditor reported the following facts, viz. that the case was made by the plaintiff for one Lewis, and charged to him on book. Lewis afterwards sold it to the defendant, who agreed with Lewis to pay plaintiff $45, and gave plaintiff notice of such agreement; upon which the plaintiff altered the charge on his book, erasing Lewis’s name and substituting that of the defendant. At the time of the delivery of the case, it was not wholly finished, being without the pillars, feet and a part of the trimmings, which…

1Opinion of the Court

The opinion of the court was delivered by

Williams, Ch. J.

The question in this case is whether the plaintiff can maintain an action on book against the defendant. As we view the facts, presented by the auditor, the case is clearly with the plaintiff. As they were considered by the counsel for the defendant, we think the plaintiff might maintain an action in his own name against the defendant, though it might be doubtful whether the present action would have been the appropriate one. The case, as presented by the defendant’s counsel, will be first considered.

Treating the transaction as a sale…

2Cases cited1 opinion

  1. Crampton v. Administrator of BallardSupreme Court of Vermont · 1838

3Cited by3 opinions

  1. Fugure v. Mutual Society of St. JosephSupreme Court of Vermont · 1874
  2. Hall v. HuntoonSupreme Court of Vermont · 1845
  3. Brown's Exr. v. Dunn's Est.Supreme Court of Vermont · 1903

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