Cole v. Seeley
Supreme Court of Vermont
Book Account. The suit was commenced before a justice of the peace, and came to the County Court by appeal. Judgment to account was rendered in the County Court, and an auditor was appointed, who reported substantially the following facts: That the plaintiff’s account was for goods delivered by bim to one Malinda Larabee, who was at the time a single woman, and an infant under the age of eighteen years, and at the time acted for herself; that the. said Malinda was married to…
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Book Account. The suit was commenced before a justice of the peace, and came to the County Court by appeal. Judgment to account was rendered in the County Court, and an auditor was appointed, who reported substantially the following facts: That the plaintiff’s account was for goods delivered by bim to one Malinda Larabee, who was at the time a single woman, and an infant under the age of eighteen years, and at the time acted for herself; that the. said Malinda was married to Marón Seeley, the defendant, on the first day of January, 1850, and before the commencement of the present suit. That…
1Opinion of the Court
The opinion, of the court was delivered by
Redfield, Ch. J.
1. In this case the defence is properly presented before the auditor, as has been often held, in analogous cases. It could not be presented by way of plea, the declaration being general, and the plaintiff not bound by his oyer.
2. The only question properly arising, in regard to the infancy of the parties, being whether the wife, dum sola, was liable. If she is, the husband is equally, during coverture, whether infant or adult. She is clearly as liable as before coverture, and the husband equally, without regard to his own infancy. And…
2Cited by1 opinion
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