Legal Opinion

Day v. Abbott

Supreme Court of Vermont

Decided March 15, 1843PublishedCited by 2 opinions

This was an action of book account, commenced in February, 1840, in which there was a judgment to account, and reference to an auditor, who reported a balance due the plaintiff; which report was accepted by the court.

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This was an action of book account, commenced in February, 1840, in which there was a judgment to account, and reference to an auditor, who reported a balance due the plaintiff; which report was accepted by the court. The defendant then plead in off-set a certain judgment in his favor against the plaintiff, rendered in April, 1837, on which he alleged there remained due, the sum of $209.80. To this plea the plaintiff replied that, on the 20th of November, 1839, the defendant, being indebted to one Chapin Keith in the sum of $200, in order to secure to the said Keith the said sum, and what he…

1Opinion of the Court

The opinion of the court was delivered by

Williams, Ch. J.

This action was commenced in February, 1840, before the Revised Statutes went into operation. It is an action on book, and, after the account had been adjusted by auditors, the defendant plead in offset a judgment in his favor against the plaintiff, Day, recovered in April, 1837, on which was due, at the time the plea was filed, the sum of two hundred and ten dollars and thirty cents. To this plea the plaintiff replies that, before the commencement of this suit, Abbott, the defendant, was indebted to Chapin Keith in the sum of twm…

2Cited by2 opinions

  1. Cushman & Rankin Co. v. Boston & Maine RailroadSupreme Court of Vermont · 1909
  2. Kinsman v. PageSupreme Court of Vermont · 1850

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