Legal Opinion

Nichols v. Packard

Supreme Court of Vermont

Decided January 15, 1844PublishedCited by 1 opinion

Book Account. The debit side of the plaintiff’s account, as presented before the auditor, was $112.20, including accruing interest, which was charged to the amount of $17.56. But the auditor found that the first six items, being for goods delivered to the amount .of $5.27, and the item for painting the defendant’s store, charged at $60.90, but allowed by the auditor at $40, accrued in payment for rent due from the plaintiff to the defendant, and he therefore disallowed them;…

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Book Account. The debit side of the plaintiff’s account, as presented before the auditor, was $112.20, including accruing interest, which was charged to the amount of $17.56. But the auditor found that the first six items, being for goods delivered to the amount .of $5.27, and the item for painting the defendant’s store, charged at $60.90, but allowed by the auditor at $40, accrued in payment for rent due from the plaintiff to the defendant, and he therefore disallowed them; leaving the only charge upon the plaintiff’s account one of $28.39, for money paid by the plaintiff, on the defendant’s…

1Opinion of the Court

*94The opinion of the court was delivered by

Bennett, J.

The first question in order relates to the jurisdiction of the county court. It is insisted that that court had not original jurisdiction of the cause. The plaintiff has charged in his account several small items, amounting in the whole to $5.27 ; also for painting the defendant’s store $60.90; and $28.39 for money paid G. S. Hale, amounting in the whole, exclusive of interest, to $94.64.

The auditor does not disallow the plaintiff’s account, for the six first items, upon the ground that the. items had never been delivered, and that the same…

2Cases cited1 opinion

  1. Stone v. WinslowSupreme Court of Vermont · 1835

3Cited by1 opinion

  1. Beach v. BoyntonSupreme Court of Vermont · 1853

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