Legal Opinion

Stevens v. Richards, Trusdell, & Co.

Supreme Court of Vermont

Decided January 15, 1827PublishedCited by 6 opinions

THIS was a writ of error brought to reverse a judgment of Franklin county court, rendered upon and approving a report of auditors in an action on book account.

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THIS was a writ of error brought to reverse a judgment of Franklin county court, rendered upon and approving a report of auditors in an action on book account. The report was as follows:-— Your auditors in the above case reportthat they notified the defendants of the time and place of said audit, who did attend: — that on the 6th day of September, 1826, they duly examined and adjusted the book accounts of the plaintiffs, from which they find a balance due the plaintiffs of 580 dollars and 91 cents, to balance said accounts. And your auditors beg leave specially to report, that on hearing and…

1Opinion of the Court

The opinion of the Court was pronounced by

Skinner, Ch. J.

It appears from the report of the auditors in this case, that the plaintiffs had charged to the defendants 300 Spanish hides ;.that at least one half in number were more or less damaged, and some altogether worthless; that the defect was latent and unknown to either party at the time; that they were charged at the customary price. The plaintiffs did not attend at the hearing. The auditors considered the oath of the parly not legal testimony to prove a warranty. From examining the record we are inclined to send the case back to the…

2Cited by6 opinions

  1. McLaughlin v. HillSupreme Court of Vermont · 1834
  2. Loomis v. BarrettSupreme Court of Vermont · 1832
  3. Fay, Davidson & Burt v. GreenSupreme Court of Vermont · 1827
  4. Clark v. MarshSupreme Court of Vermont · 1848
  5. May v. CorlewSupreme Court of Vermont · 1831

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