Goodnow v. Parsons
Supreme Court of Vermont
Assumpsit for goods sold and delivered. Common counts. Plea, the general issue, and plea in offset. The cause was referred, and the referee reported the facts as follows : The plaintiff, a merchant doing business in Whitingham, claimed to have kept the credit as well as the debit side of the account, and presented a specification of his credits, transcribed from his books.
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Assumpsit for goods sold and delivered. Common counts. Plea, the general issue, and plea in offset. The cause was referred, and the referee reported the facts as follows : The plaintiff, a merchant doing business in Whitingham, claimed to have kept the credit as well as the debit side of the account, and presented a specification of his credits, transcribed from his books. He did business at the time tho account accrued upon the cash ‘ price system, and when a credit was given, it was upon the ground that interest was to be paid from the time of delivery, but charges paid within a month from…
1Opinion of the CourtKellogg, J.
The admissions of the defendant that there was no trouble with the plaintiff’s charges, or with the debit side of *51the plaintiff’s book wero clearly proper evidence tending to show his assent to the correctness of the charges, and no exception lies to the judgment of the referee in respect to the credit or weight which he gave to the legal and proper evidence in the case. If the evidence was proper to be received, the referee was the exclusive judge of its sufficiency to establish the fact which it tended to prove, and his finding in this respect can not be reviewed on exceptions.
We do not…
2Cases cited3 opinions
- Langdon v. Town of CastletonSupreme Court of Vermont · 1858
- Wood v. SmithSupreme Court of Vermont · 1851
- Birchard v. Estate of KnappSupreme Court of Vermont · 1859
3Cited by3 opinions
- Dunlap v. HopkinsCourt of Appeals for the Seventh Circuit · 1899
- Yearteau v. Bacon's EstateSupreme Court of Vermont · 1892
- Tudor v. Tudor's EstateSupreme Court of Vermont · 1919