Barney v. Grover
Supreme Court of Vermont
Book Account. The auditor reported the following facts. The plaintiff failed, and on the 6th of April, 1852, assigned, for a valuable consideration, all his book accounts, among which was an account against the defendant, to Joel Volentine. At the time of said assignment there was due from the defendant to the plaintiff the sum of ninety-seven dollars and eighty-two cents, to balance book accounts between them.
Read the full summary
Book Account. The auditor reported the following facts. The plaintiff failed, and on the 6th of April, 1852, assigned, for a valuable consideration, all his book accounts, among which was an account against the defendant, to Joel Volentine. At the time of said assignment there was due from the defendant to the plaintiff the sum of ninety-seven dollars and eighty-two cents, to balance book accounts between them. At that time the defendant was holden as surety for the plaintiff by having signed three promissory notes to Graves & Root, each for the sum of one hundred and eighty-seven dollars,…
1Opinion of the Court
The opinion of the court was delivered,- at the circuit session in June, by
Fedeield, Cti. J.
This is an action of book account, prosecuted for the benefit of an assignee of the account. At the time the account was assigned, there was due upon it about $ 100. But at *393the same time the defendant had become surety fbr the plaintiff by signing notes with him to a much larger amount, but had paid noth-¡ ing. Since that time he has paid upon these notes a larger sum than the amount due upon the account*' The question is whether, as against the assignee, he is entitled to have the amount so paid, set…
2Cases cited2 opinions
- Beach v. BoyntonSupreme Court of Vermont · 1853
- Strong & Buck v. MitchellSupreme Court of Vermont · 1847
3Cited by5 opinions
- Dickenson v. CharlesSupreme Court of Virginia · 1939
- Miller v. StoutCourt of Chancery of Delaware · 1878
- Plumley v. First National Bank of HintonWest Virginia Supreme Court · 1915
- State v. Bank of MagdalenaNew Mexico Supreme Court · 1928
- Poe v. DixonOhio Supreme Court · 1899