Loomis v. Wainwright
Supreme Court of Vermont
Book Account. Judgment to account was rendered, and an auditor was appointed, who reported the facts substantially as follows. The only account presented by the plaintiff was for a horse, charged at fifty dollars.
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Book Account. Judgment to account was rendered, and an auditor was appointed, who reported the facts substantially as follows. The only account presented by the plaintiff was for a horse, charged at fifty dollars. In January, 1846, one Hiram C. Sessions, who was the agent of the defendant in the business of selling his property and baying horses and collecting debts for him, purchased of the plaintiff, at Colchester in the county of Chittenden, the horse in question, at the price of fifty dollars, and delivered to the plaintiff, in payment therefor, three promissory notes and eighty six cents…
1Opinion of the Court
'The opinion of the court was delivered by
Boy-ce, Oh. J.
This case is defended on two principal grounds ; —1. That the plaintiff has not shown himself entitled to any redress, as against the defendant, — and 2. That he cannot be redressed by this form of action.
We consider, that the positions assumed in support of the first ground of defence are not tenable. The contract shown by the paper marked “ C ” did not profess to include all the creditors of *527Deming, nor to include creditors in any other right, than that imported by the signatures. We think, the signature of R. Sander-son & Co. affected…
2Cases cited4 opinions
- Fay v. OliverSupreme Court of Vermont · 1848
- Gilman v. PeckSupreme Court of Vermont · 1839
- Nason v. CrockerSupreme Court of Vermont · 1839
- Kingsland v. AdamsSupreme Court of Vermont · 1838
3Cited by3 opinions
- Hartwig v. RushingOregon Supreme Court · 1919
- James v. HodsdenSupreme Court of Vermont · 1874
- Aetna Chemical Co. v. Spaulding & Kimball Co.Supreme Court of Vermont · 1924