Darling v. Hall
Supreme Court of Vermont
This was an action on Book, in which the Auditors reported a small balance due the plaintiff.' The defendant .took exception to the report in the County Court, but that ■Court overruled the exception, and rendered judgment •on the report. Whereupon the defendant took exception to their decision, and brought the matter before this Court.
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This was an action on Book, in which the Auditors reported a small balance due the plaintiff.' The defendant .took exception to the report in the County Court, but that ■Court overruled the exception, and rendered judgment •on the report. Whereupon the defendant took exception to their decision, and brought the matter before this Court. The only question, worthy of notice arose out of a charge in the plaintiffs account, of a quantity of corn, which the auditor disallowed, but reported with respect to it, that it was delivered by the plaintiff to the defendant, but prior to a,settlement of all…
1Opinion of the CourtPhelps, J.
The fact that a settlement had intervened, subsequent to the delivery of the corn, creates a presumption that the charge has been accounted for. Yet that presumption may be rebutted, and it seems in this case it *92was so. There is nothing certainly in the nature of an adjustment of Rook Accounts, which operates to bar a claim not brought into the adjustment. If then the presumption of fact is removed, the claim remains unaffected by the settlement; and if the party have any remedy, it is difficult to conceive why he is not entitled to that which was originally the appropriate one.
This is no…
2Cited by1 opinion
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