Cuthbertson v. Hill
Supreme Court of Vermont
Assumpsit. Pleas, the general issue and statute of limitations. Heard on the report of a referee at the February term, 1893, Ross, Ch. J., presiding. Judgment for the plaintiffs. The defendant excepts. The opinion states the case. The potatoes could not be credited upon the partnership account without the express assent of the defendant.
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Assumpsit. Pleas, the general issue and statute of limitations. Heard on the report of a referee at the February term, 1893, Ross, Ch. J., presiding. Judgment for the plaintiffs. The defendant excepts. The opinion states the case. The potatoes could not be credited upon the partnership account without the express assent of the defendant. It is not enough that he made no objection, i Wait Act. and Def. 81; 2 Chitty Con. 1,380 and note; Butterfield v. Hartson, 7 N. IT. 345 ; Warren v. Batchelder, 15 N. H. 129; 1 Pars. Con. 220. The application having been made without any contrary direction by…
1Opinion of the Court
The opinion of the court was delivered by
START, J.
The cause of action is barred by the statute of limitations, unless it is saved from its operation by a credit of six bushels of potatoes, delivered by the defendant to one of the plaintiffs, H. M. Cuthbertson, for use in his family, and credited upon the account in question by G. W. Cuthbertson, by the direction of H. M. Cuthbertson, given in the presence of the defendant and without objection on his part.
From the circumstances under which the potatoes were delivered and credited on the plaintiff’s account it may be fairly inferred that'the…
2Cases cited1 opinion
- Robie v. Estate of BriggsSupreme Court of Vermont · 1887
3Cited by3 opinions
- Earl v. NappWisconsin Supreme Court · 1935
- Tendler v. L. E. Massey, Inc.District of Columbia Court of Appeals · 1943
- Miller v. Super Seal Container Corp.District Court, District of Columbia · 1945