Whiting v. Corwin
Supreme Court of Vermont
This was an action of book account, commenced before a Justice, and appealed to the County Court; where judgement was rendered to account, and an auditor appointed to take the account; who made a special report, referring the case to the Court, in reference to all the items of the plaintiff’s account. The auditor attached a copy of the defendant’s account to his report.
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This was an action of book account, commenced before a Justice, and appealed to the County Court; where judgement was rendered to account, and an auditor appointed to take the account; who made a special report, referring the case to the Court, in reference to all the items of the plaintiff’s account. The auditor attached a copy of the defendant’s account to his report. A part of this he reported had been allowed to the defendant on a settlement, when the books were balanced, and the rest he reported to disallow, for the want of evidence to support it. The plaintiff’s claim consisted of three…
1Opinion of the Court
The opinion of the Court was pronounced by
Hutchinson, C. J.
The auditor’s report of facts settled the point, that these items of the plaintiff’s account, now in controversy, were not included in, or settled by, the settlement entered on the plaintiff’s book, in June 1831.— That they were not then charged on the book ; that the error of twice crediting the same item on said book was not then corrected; that the other two items of the plaintiff’s account were then spoken of by him as unsettled matins; and that the plaintiff then refused to pass receipts, on account of these matters that remained…
2Cited by4 opinions
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