Wheelock v. Moulton
Supreme Court of Vermont
This was an action of book account against the defendants as partners, under the firm of George R. Moulton & Co, Judgment to account was rendered in the county court, and auditors were appointed, who afterwards made their report to the county court.
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This was an action of book account against the defendants as partners, under the firm of George R. Moulton & Co, Judgment to account was rendered in the county court, and auditors were appointed, who afterwards made their report to the county court. It appeared, from the auditors5 report, that, on the 24th of September, 1838, a contract was made between the plaintiff and the firm of Moulton, Page, & Co., who were manufacturers of cassimere at Proctorsville, Vt, which firm consisted of John Moulton, George R. Moulton, (defendants in this suit,) Eliphalet T. Page, and Samuel Ford, in and by…
1Opinion of the Court
The opinion of the court was delivered by
Redfield, J.
This case comes into this court on exceptions, taken by the defendants to the decision of the county Court in accepting a report of auditors. The only question raised by defendants is whether the plaintiff had a right to credit them in this action a certain item of $930.41. We do not see how any such exception can be maintained. The plaintiff might balance his account, if he saw fit, or he might remit any portion of it, without the pfetence of payment. The defendants could not complain of it. Its allowance in this action will not exonerate…
2Cited by3 opinions
- Foster's Exrs. v. DickersonSupreme Court of Vermont · 1891
- Vermont Evaporator Co. v. TaftSupreme Court of Vermont · 1935
- Clark v. ClarkSupreme Court of Vermont · 1849