Legal Opinion

Hodge v. Manley

Supreme Court of Vermont

Decided February 15, 1853PublishedCited by 15 opinions

Book Account. Judgment to account was rendered in the County Court, and an auditor was appointed, who reported substantially the following facts: That there is due from the defendant to the plaintiff the sum of one hundred and eleven dollars and eighty-two cents, to balance book accounts between them, if the court should be of the opinion that plaintiff’s account is not barred by the statute of limitations, from the following facts found.

Read the full summary

Book Account. Judgment to account was rendered in the County Court, and an auditor was appointed, who reported substantially the following facts: That there is due from the defendant to the plaintiff the sum of one hundred and eleven dollars and eighty-two cents, to balance book accounts between them, if the court should be of the opinion that plaintiff’s account is not barred by the statute of limitations, from the following facts found. That all of the plaintiff’s account, except about three dollars, accrued and was charged to defendant between the seventh day of November, A. D. 1829, and…

1Opinion of the Court

The opinion of the court was delivered by

Isham, J.

The auditor has reported a balance of accounts due the plaintiff, subject to the question, whether the same is barred by the statute of limitations. The fact reported by the auditor, that the plaintiff was engaged in different employments, and that separate day-books were kept for each, can' make no important difference in the case, as the rights of the parties cannot be affected by the mere mode of keeping the account. In whatever manner the charges are entered, if, by their mutual expectation, they were all made with reference to a future…

2Cases cited1 opinion

  1. Abbott v. KeithSupreme Court of Vermont · 1839

3Cited by15 opinions

  1. Green v. . DisbrowNew York Court of Appeals · 1879
  2. State v. Cleveland & Pittsburgh RailroadOhio Supreme Court · 1916
  3. Spencer v. SowersSupreme Court of Kansas · 1925
  4. Gunn v. GunnSupreme Court of Georgia · 1885
  5. Hollingsworth v. . AllenSupreme Court of North Carolina · 1918

10 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API