Reed v. Talford
Supreme Court of Vermont
This was an action of book account, commenced before the county court. The plaintiff had judgment to account, and an auditor was appointed who reported a balance in favor of the plaintiffs, and also reported the following facts, to wit; — . That one of the plaintiffs, against the objection of the defendant, was admitted by the auditor to testify to the defendant’s acknowledgment of the delivery of the several articles charged in the plaintiffs’ account— That a portion of the…
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This was an action of book account, commenced before the county court. The plaintiff had judgment to account, and an auditor was appointed who reported a balance in favor of the plaintiffs, and also reported the following facts, to wit; — . That one of the plaintiffs, against the objection of the defendant, was admitted by the auditor to testify to the defendant’s acknowledgment of the delivery of the several articles charged in the plaintiffs’ account— That a portion of the charges in the plaintiffs’account were first made on a slip of paper, upon the expectation of immediate payment, and,…
1Opinion of the Court
The opinion of the Court was delivered by
Williams, C. J.
This case presents no questions, but such as have been repeatedly decided. Both parties were legal witnesses before the auditor, and we can see no reason why they might not each testify to the admission of the other, in relation fo the amount, as well as any other part of the account. The objection, that the plaintiff should produce the paper on which the charges were made, and which the auditor finds was lost, is not entitled to much consideration. It was not .an original book or minute of entries, which could be produced. That a part…
2Cited by6 opinions
- Atchison & Nebraska Railroad v. WashburnNebraska Supreme Court · 1876
- Stanford v. BatesSupreme Court of Vermont · 1850
- Town of Somerset v. Town of GlastenburySupreme Court of Vermont · 1889
- Clark v. MarshSupreme Court of Vermont · 1848
- Warren & Bliss v. BishopSupreme Court of Vermont · 1850
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