McCrillis v. Banks
Supreme Court of Vermont
Book Account. Judgment to account was rendered, and an auditor was appointed. The item in the plaintiff's account, in reference to which controversy was had in the supreme court, was for a quantity of hay. It appeared, from the auditor’s report, that in 1838 the plaintiff and the defendant Pamelia Banks, then sole and unmarried, were tenants in common of certain premises, upon which a quantity of hay was cut.
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Book Account. Judgment to account was rendered, and an auditor was appointed. The item in the plaintiff's account, in reference to which controversy was had in the supreme court, was for a quantity of hay. It appeared, from the auditor’s report, that in 1838 the plaintiff and the defendant Pamelia Banks, then sole and unmarried, were tenants in common of certain premises, upon which a quantity of hay was cut. The hay was put into the bam upon the premises, then occupied by the said Pamelia; and in the ensuing winter she used, for the stock which she kept in the barn, five tons more than her…
1Opinion of the Court
The opinion of the court was delivered by
Hall, J.
If the plaintiff and the defendant’s wife are to be considered as having been tenants in common of the hayj the question, in regard to the charge for it, seems to be settled by the case of Albee v. Fairbanks, 10 Vt. 314,—where it was held, that one of two tenants in common of personal property could not recover of the other, in an action on book account, for having used more than his share of the common property.
If the parties, as is insisted by the plaintiff’s counsel, were not, in strictness, tenants in common of the hay, it is not perceived…
2Cases cited1 opinion
- Albee v. FairbanksSupreme Court of Vermont · 1838
3Cited by1 opinion
- Jackman v. PartridgeSupreme Court of Vermont · 1849