Goodwin v. Buzzell
Supreme Court of Vermont
Book Account. The auditor reported that the plaintiff’s account was for a quantity of boxes sold and delivered by him to the defendant, in July and August, 1852, in the State of Maine, where .the parties then resided.
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Book Account. The auditor reported that the plaintiff’s account was for a quantity of boxes sold and delivered by him to the defendant, in July and August, 1852, in the State of Maine, where .the parties then resided. The auditor found that the defendant was liable to pay the same to the plaintiff unless it was barred by the statute of limitations, by reason of the following facts : From the time the plaintiff’s account accrued the defendant at all times claimed that it was wrong. He removed into this state in March, 1854, and has resided here ever since. The writ, in this case was served on…
1Opinion of the CourtAldis, J.
The plaintiff’s account is barred by the statute of limitations, unless the alleged part payment or acknowledgements remove the bar. Comp. Stat. p. 379, § 14. Acts of 1854, No. 13.
I. The defendant was sued as the trustee of the plaintiff. He appeared to defend, denying that he was trustee. The case was continued. The defendant forgot the day to which the suit was continued and did not appear, and so judgment passed against him as trustee. He paid the judgment so obtained against him, and now pleads it in offset. Do these facts constitute an acknowledgement of the debt by part payment ?
Ordinari…
2Cases cited3 opinions
- Jewett v. PetitMichigan Supreme Court · 1857
- Moore v. StevensSupreme Court of Vermont · 1860
- Carlton v. CoffinSupreme Court of Vermont · 1856
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- Norton v. ColbyIllinois Supreme Court · 1869
- Benton v. HollandSupreme Court of Vermont · 1886
- Devereaux & Meserve v. FairbanksSupreme Court of Vermont · 1880
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