Nichols v. Scott
Supreme Court of Vermont
This was an action of assumpsit on a note for fifteen dollars, to which the defendant pleaded the general issue and a set-off in assumpsit for work and labor, care and diligence and money paid, laid out and expended for the plaintiff. Issues to the country. On the trial in the county court, the plaintiff produced and read the note declared on.
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This was an action of assumpsit on a note for fifteen dollars, to which the defendant pleaded the general issue and a set-off in assumpsit for work and labor, care and diligence and money paid, laid out and expended for the plaintiff. Issues to the country. On the trial in the county court, the plaintiff produced and read the note declared on. The defendant introduced evidence tending to show, that, as the attorney and agent of the plaintiff, he had instituted suits for the plaintiff; that most, if not all, had proceeded to judgment and execution prior to the 27th January, 1838; that the…
1Opinion of the Court
The opinion of the court was delivered by
Bennett, J.
— It is undoubtedly true, that when a settlement has been made between two parties, it is, prima facie, to be taken as a settlement of all claims then existing between them, but it cannot exclude proof to the contrary; and if it turns out, in fact, that the claim in dispute has not been settled, there is no principle of law that will constitute the settlement a bar to such claim. Indeed it has been held that a former recovery in an action on book will not bar a subsequent suit of the same nature for articles delivered before such recovery,…
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