Cleveland v. Woodward
Supreme Court of Vermont
This was an action on book. There was a judgment to account, and reference to an auditor. The auditor reported that the parties had appeared before him and exhibited their respective accounts, which accompanied his report; that “ the defendant objected to the four (last items in the plaintiff’s account, and contended that ‘ they were improperly charged to him, because, at that time, £ he was in partnership with one Stillman Woodward, and £ said items were properly chargeable…
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This was an action on book. There was a judgment to account, and reference to an auditor. The auditor reported that the parties had appeared before him and exhibited their respective accounts, which accompanied his report; that “ the defendant objected to the four (last items in the plaintiff’s account, and contended that ‘ they were improperly charged to him, because, at that time, £ he was in partnership with one Stillman Woodward, and £ said items were properly chargeable to the company. In £ relation to this, the auditor finds that said Martin and Still- £ man Woodward had, a short time…
1Opinion of the Court
The opinion of the court was delivered by
Williams, Ch. J.
This case seems to be conclusively settled by authority. The plaintiff had dealings with the defendant. The only dispute is in relation to the four last items in the plaintiff’s account, which were for labor per*305formed on a farm, of which the defendant and Stillman Woodward were owners, and which they carried on in company. The defendant contracted with the plaintiff for the labor, who did not know of the existence of the company until after the commencement of this suit. If these .items are disallowed, the balance would be due to the…
2Cited by2 opinions
- Hagar v. StoneSupreme Court of Vermont · 1848
- Metcalf v. OfficerU.S. Circuit Court for the District of Iowa · 1879