Bell v. McLeran
Supreme Court of Vermont
This was an action of booh account, appealed from the judgement of a justice of the peace to the county court. There, judgement was rendered that the defendant account, and auditors were appointed, who reported a sum due to the plaintiff. Exceptions were filed to the report by the defendant’s counsel; but the report was accepted, and judgement rendered thereon for the plaintiff. Exceptions were filed to that decision ; upon which the action was brought up to this Court.
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This was an action of booh account, appealed from the judgement of a justice of the peace to the county court. There, judgement was rendered that the defendant account, and auditors were appointed, who reported a sum due to the plaintiff. Exceptions were filed to the report by the defendant’s counsel; but the report was accepted, and judgement rendered thereon for the plaintiff. Exceptions were filed to that decision ; upon which the action was brought up to this Court. The facts reported by the auditors, upon which alone any questions of law could arise, were in substance the following t…
1Opinion of the CourtHutchinson, C. J.
delivered the opinion of the Court.— There is no dispute -about the defendant’s indebtedness to the plaintiff; but merely, whether the debt can be recovered in this action on book account.
It is urged, that a book of accounts is indispensable to a recovery in.this form of action ; and none was produced by the plaintiff to support his claim before the auditors. This calls upon the Court to restrain the evidence, in book account actions, to narrower limits than has been done heretofore. It has generally been considered, that a man may recover, in this form of action, with no other book than one…
2Cited by4 opinions
- Wylie v. BushnellIllinois Supreme Court · 1917
- Stephan v. MetzgerMissouri Court of Appeals · 1902
- Barber's Adm'r v. BennettSupreme Court of Vermont · 1886
- Stockwell v. Stockwell's EstateSupreme Court of Vermont · 1918