Waterman v. Stimpson
Supreme Court of Vermont
Book Account. The action 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 appointed, who reported substantially, the following facts :— The plaintiff claims $20, for a lot of salts, and that some time in the autumn of 1850, the plaintiff, Emery W. Miles, John D. Miles, and Benjamin Sawyer formed a copartnership, for the purpose of making ashes and manufacturing the same…
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Book Account. The action 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 appointed, who reported substantially, the following facts :— The plaintiff claims $20, for a lot of salts, and that some time in the autumn of 1850, the plaintiff, Emery W. Miles, John D. Miles, and Benjamin Sawyer formed a copartnership, for the purpose of making ashes and manufacturing the same into salts ; that after the business had been prosecuted a short time, and before said salts had been made, the plaintiff…
1Opinion of the Court
By the Court.
There is no question in this case, but that the article which constitutes the item of charge, for which this action is brought, was really the property of the plaintiff at the time it was taken to defendant’s store, and that the defendant not only should, but that he expected to accodnt for the same, to some one. And the question is, whether the plaintiff is the person to whom the payment should be made. It is insisted by the defendant, that the property' was received on a contract previously made by him, with one Emery W. Miles, and that he has rightfully passed it to his…
2Cases cited1 opinion
- Flower Brook Manufacturing Co. v. BuckSupreme Court of Vermont · 1846
3Cited by1 opinion
- Kent v. BowkerSupreme Court of Vermont · 1865