Steele v. Towne
Supreme Court of Vermont
Book Account. The plaintiff’s account consisted of several charges for Ms services and expenditures as an attorney. The auditor reported that the services were performed as charged for in the first item of the account, and that they had never been paid for; but that the statute of limitations had run upon the charge, subject to the opinion of the court upon the following facts.
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Book Account. The plaintiff’s account consisted of several charges for Ms services and expenditures as an attorney. The auditor reported that the services were performed as charged for in the first item of the account, and that they had never been paid for; but that the statute of limitations had run upon the charge, subject to the opinion of the court upon the following facts. The defendant had said on several'occasions, since this action was commenced, and likewise so testified in the justice’s court in which this suit was originally brought, that if he owed the plaintiff anything he was…
1Opinion of the Court
The opinion of the court was delivered by
Bennett, J.
We think the first item in the plaintiff’s account is not barred by the statute of limitations. The plaintiff declared, and so testified, that, “ if he owed the plaintiff anything' he was willing to pay him.” The auditor has found that the services were rendered, as charged in the plaintiff’s account, and that the same have never been paid. Though the admission is conditional in its terms, yet, when it is proved that the defendant owes the plaintiff, it becomes absolute in its effect. The fact that the defendant, at the time, supposed he did…
2Cases cited2 opinions
- Paddock v. ColbySupreme Court of Vermont · 1846
- Hill v. KendallSupreme Court of Vermont · 1853
3Cited by1 opinion
- Moore v. StevensSupreme Court of Vermont · 1860