Legal Opinion

Miller v. Holden

Supreme Court of Vermont

Decided February 15, 1846PublishedCited by 8 opinions

Book. Account. The case went to an auditor, who reported, that he found due to the plaintiff, at the commencement of the action, five dollars and seventy seven cents; that the action was commenced on the seventh day of March, 1844, and the writ was made returnable before a justice of the peace on the sixteenth day of the same month; that on the fourteenth day of March witnesses had been summoned and cost had accrued to the amount of two dollars and eighty cents; that on the…

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Book. Account. The case went to an auditor, who reported, that he found due to the plaintiff, at the commencement of the action, five dollars and seventy seven cents; that the action was commenced on the seventh day of March, 1844, and the writ was made returnable before a justice of the peace on the sixteenth day of the same month; that on the fourteenth day of March witnesses had been summoned and cost had accrued to the amount of two dollars and eighty cents; that on the fifteenth day of March the defendant tendered to the plaintiff seven dollars, and said he tendered it for what he owed…

1Opinion of the Court

The opinion of the court was delivered by

Bennett, J.

The question raised in this case lies within a narrow compass. It appears, that the plaintiff commenced his action on book account before a justice of the peace, returnable on the sixteenth day March, 1844, and that on the fifteenth day of March the defendant tendered to the plaintiff seven dollars, saying he tendered it for what he owed the plaintiff. The plaintiff offered to take it in part payment, but the defendant said he should not have it so. It being suggested by the witness to the tender, that it would make no difference, if the…

2Cases cited1 opinion

  1. McGlynn v. BillingsSupreme Court of Vermont · 1844

3Cited by8 opinions

  1. Preston v. GrantSupreme Court of Vermont · 1861
  2. McDaniels v. LaphamSupreme Court of Vermont · 1849
  3. Drewry-Hughes Co. v. DavisSupreme Court of North Carolina · 1909
  4. Kingan & Co. v. Maryland Casualty Co.Indiana Court of Appeals · 1917
  5. Bahrenburg v. Conrad Schopp Fruit Co.Missouri Court of Appeals · 1907

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