Hodges v. Hosford
Supreme Court of Vermont
Book Account. Judgment to account was rendered, and an auditor was appointed, who reported, in substance, as follows. Among the items of the plaintiff’s account was a charge of money “ paid to Miss Sheldon, $0,58,” which item the defendant disputed, but the auditor allowed the same, and reported that he presumed a request from the defendant to make the payment from the fact that Miss Sheldon “resided in the family or neighborhood of the defendant.”
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Book Account. Judgment to account was rendered, and an auditor was appointed, who reported, in substance, as follows. Among the items of the plaintiff’s account was a charge of money “ paid to Miss Sheldon, $0,58,” which item the defendant disputed, but the auditor allowed the same, and reported that he presumed a request from the defendant to make the payment from the fact that Miss Sheldon “resided in the family or neighborhood of the defendant.” The defendant also objected to several of the plaintiff’s charges for payments to Abby Dexter; but the auditor reported, that “ it appeared that…
1Opinion of the Court
The opinion of the court was delivered by
Hebabd, J.
Two classes of objections to the auditor’s report have been urged.
The first is to the allowance, by the auditor, of various items, for articles delivered to third person. So far as the questions depend upon the existence of facts, and the auditor has found the facts, his finding must be conclusive. The question here is, had the plaintiff any authority from the defendant to deliver these articles to those persons upon the defendant’s credit? If there was any testimony, which tended to prove such authority, and the auditor so finds, this court…
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