Williams v. Finney
Supreme Court of Vermont
Book Account. The plaintiff presented his account before the auditor, which consisted of charges only; the defendant presented no account, and relied upon the statute of limitations.
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Book Account. The plaintiff presented his account before the auditor, which consisted of charges only; the defendant presented no account, and relied upon the statute of limitations. The last item in the plaintiff’s account was charged under date of July 2, 1821, and this action was commenced March 30, 1840. The auditor reported that he found that the plaintiff had, by his attorney, called several times upon the defendant within six years before the commencement of this action,, in reference to this account, and that the defendant told said attorney “ that the account ought to be settled,…
1Opinion of the Court
The opinion of the court was delivered by
It is needless to repeat the rules which this court has laid down upon the' subject under consideration. Suffice it to say that we have no 'disposition to relax or vary them. The ques*299tion is, whether here was such a new promise in fact, or such an acknowledgement of the debt, as will defeat the operation of the statute.
Royce, J.
*299It is found by the auditor’s report, that, within the six years next preceding the commencement of this action, the defendant frequently stated to Mr. Ormsbee, the known agent and attorney of the plaintiff in reference to the…
2Cited by4 opinions
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- Cooper v. ParkerSupreme Court of Vermont · 1853
- Prentiss v. StevensSupreme Court of Vermont · 1865