Hodges v. Fox
Supreme Court of Vermont
Book Account. The auditor reported that all- the items of the plaintiff’s account amounted, without interest, to $107.25;' that for the first three items a note was given ; that when it was given there was no other account between them, and this note was paid before the commencement of this suit; that as to item 12, the plaintiff agreed with the defendant to make him a sleigh, and afterwards agreed with him to make one more expensive by the sum of eight or ten dollars, the…
Read the full summary
Book Account. The auditor reported that all- the items of the plaintiff’s account amounted, without interest, to $107.25;' that for the first three items a note was given ; that when it was given there was no other account between them, and this note was paid before the commencement of this suit; that as to item 12, the plaintiff agreed with the defendant to make him a sleigh, and afterwards agreed with him to make one more expensive by the sum of eight or ten dollars, the difference not being precisely agreed upon. The plaintiff made the sleigh according to his contract, offered it to the…
1Opinion of the Court
Poland, Ch. J.
We are all agreed that upon the facts contained in the auditor’s report, the county court had no original jurisdiction of this action.
The plaintiff’s book produced before the auditor contained an apparent account against the defendant' of more than one hundred dollars, so that prima facie, the action was properly brought in that court.
The statute provides that in actions. of book account, the matter in demand shall be considered the debtor side of the' plaintiff’s book.
But this language has never been literally construed. If the plaintiff have a claim against the defendant of…
2Cases cited8 opinions
- Phelps v. WoodSupreme Court of Vermont · 1837
- Carpenter v. DoleSupreme Court of Vermont · 1841
- Mattison v. WescottSupreme Court of Vermont · 1841
- Read v. BarlowSupreme Court of Vermont · 1826
- Rider v. RobertsSupreme Court of Vermont · 1859
3 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- Overcash v. . KitchieSupreme Court of North Carolina · 1883
- Cushing v. MillerSupreme Court of New Hampshire · 1883