Legal Opinion

Joy v. Walker

Supreme Court of Vermont

Decided June 15, 1857PublishedCited by 3 opinions

Account. The plaintiff declared, “that the said John Walker was. bailiff to the plaintiff of a certain messuage or farm with the appurtenances belonging to the plaintiff, situated, lying and being in Townshend, in the county of Windham aforesaid, it being the plaintiff’s old hill farm, so called, from the 22d day of March, 1852, to the 22d day of March, 1853, and during the term aforesaid, by consent and agreement with the paintiff, the defendant had held and enjoyed the…

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Account. The plaintiff declared, “that the said John Walker was. bailiff to the plaintiff of a certain messuage or farm with the appurtenances belonging to the plaintiff, situated, lying and being in Townshend, in the county of Windham aforesaid, it being the plaintiff’s old hill farm, so called, from the 22d day of March, 1852, to the 22d day of March, 1853, and during the term aforesaid, by consent and agreement with the paintiff, the defendant had held and enjoyed the occupation of the premises aforesaid, with sufficient power to control and manage the same to advantage, and to make profit…

1Opinion of the Court

The Opinion Of the court was delivered by

Redfield, Ch. J.

This is an action of account for not ren*261dering a just account while the defendant was plaintiff’s bailiff of his farm in Townshend, called the “ old hill farm,” for one year from the 22d March, 1852, and also of nineteen cows for the same time and to be returned at the end of the term, and also of nine tons of hay to be returned in kind at the end of the term.

A question is made whether the plaintiff can under the declaration claim an account for money paid out by him to procure materials or work in carrying on the farm, such as pigs,…

2Cases cited1 opinion

  1. Ganaway v. MillerSupreme Court of Vermont · 1843

3Cited by3 opinions

  1. Mott v. BourgeoisSupreme Court of Vermont · 1938
  2. Ellinger v. Equitable Life Assurance Society of the United StatesWisconsin Supreme Court · 1909
  3. Warren v. CarylSupreme Court of Vermont · 1889

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