Strong v. McConnell
Supreme Court of Vermont
This was an action of book account, brought into tiie county court, by an appeal from the decision of a Justice of the peace, and a judgment to account having boon rendered therein, the case was referred to an auditor, who reported, that the plaintiff’s account was for boards, plank, and sled-runners, delivered from time to time to the defendant, in the year 1830; that the defendant directed the plaintiff' to keep an account of the quantity, with a view to a future…
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This was an action of book account, brought into tiie county court, by an appeal from the decision of a Justice of the peace, and a judgment to account having boon rendered therein, the case was referred to an auditor, who reported, that the plaintiff’s account was for boards, plank, and sled-runners, delivered from time to time to the defendant, in the year 1830; that the defendant directed the plaintiff' to keep an account of the quantity, with a view to a future adjustment; that the charges were made in the plaintiff’s usual way, and that during the whole time in which the articles were…
1Opinion of the Court
The opinion of the Court was delivered by
Collamer, J.
— The plaintiff’s account is for boards or lumber, delivered in 1830. The defendant insists that this lumber was delivered in payment of a note, then held by the defendant against the plaintiff, payable in lumber. If a payment be made on an existing debt, it cannot be recovered *233back, even though the whole debt be afterwards collected,1 by law. When it is payment, as such, it creates no debt. If the whole debt is afterwards collected by law, it cannot, jj in part or in whole, be recovered back, until the judgment j is reversed. This,…
2Cited by9 opinions
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- Stanley v. TurnerSupreme Court of Vermont · 1896
- Corey v. GaleSupreme Court of Vermont · 1841
- Connecticut & Passumpsic Rivers Railroad v. NewellSupreme Court of Vermont · 1858
- Jewett v. WinshipSupreme Court of Vermont · 1869
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