Davison v. Green
Supreme Court of Vermont
IN ERROR. THIS was a writ ®f error brought to reverse ft judgment of Rutland county court. The original action was an action on book account. Judgment to account being given, and a reference to auditors had, the auditors made a special report, deetailing the evidence, upon which their report was founded. From the report it appeared, that the plaintiffs’ account against the defendant, amounted to $151,36, which was not disputed.
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IN ERROR. THIS was a writ ®f error brought to reverse ft judgment of Rutland county court. The original action was an action on book account. Judgment to account being given, and a reference to auditors had, the auditors made a special report, deetailing the evidence, upon which their report was founded. From the report it appeared, that the plaintiffs’ account against the defendant, amounted to $151,36, which was not disputed. That the defendant’s account against the plaintiffs, was $33,40; and his account against one Lucinda Burt, a sister of one of the plaintiffs, was $123,41, making in…
1Opinion of the CourtRoyce, J.
The plaintiffs object to the subject matter of the'defence to their action below, and also to the evidence by which the defendant was allowed to support that defence. No valid objection is perceived to exist to the nature of the defence. The transaction is to be considered as an agreement between the defendant and Charles Burt, that the latter should assume the debt of his sister, and pay it in goods from the store, making himself debtor to the firm for the amount. No evidence was offered, nor is any insinuation made, that by this transaction it was intended to defraud the other partners; and…
2Cited by8 opinions
- Eady v. Newton Coal & Lumber Co.Supreme Court of Georgia · 1905
- Sanborn v. ColeSupreme Court of Vermont · 1891
- Strong v. Preserved FishSupreme Court of Vermont · 1841
- Fay, Davidson & Burt v. GreenSupreme Court of Vermont · 1827
- Christy v. SmithSupreme Court of Vermont · 1851
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