Cooper v. Parker
Supreme Court of Vermont
Book Account. Judgment to account was rendered in the County Court, and auditors were appointed, who reported suhstan tially the following facts: That they found a balance of $208 12 due to the plaintiff, if the plaintiff’s account was not barred by the statute.
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Book Account. Judgment to account was rendered in the County Court, and auditors were appointed, who reported suhstan tially the following facts: That they found a balance of $208 12 due to the plaintiff, if the plaintiff’s account was not barred by the statute. And upon this point, the auditors found and reported, that the plaintiff spoke to the defendant, within four or five years, in reference to his account, and claimed that defendant owed him, and said to defendant, that the statute of limitations would run upon the account; that defendant replied, “ that the statute of limitations…
1Opinion of the Court
The opinion of the court was delivered by
Redfield, Ch. J.
In this case, the only question is, whether the defendant’s acknowledgments were sufficient to remove the bar of the statute of limitations, of plaintiff’s account. The auditors . not only report repeated admissions of the defendant, of the subsistence of an unsettled book account "between the parties, which the defendant was willing to settle, which was all that existed in Blake v. Parleman, 13 Vt. 574; but in addition, that the defendant, before the time of the bar attaching, and when the plaintiff expressed apprehension on the…
2Cases cited2 opinions
- Blake v. ParlemanSupreme Court of Vermont · 1841
- Williams v. FinneySupreme Court of Vermont · 1844
3Cited by1 opinion
- Prentiss v. StevensSupreme Court of Vermont · 1865