Wood v. Smith
Supreme Court of Vermont
Boon Account. Judgment to account was rendered in the county court, and an auditor was appointed, who reported substantially as follows. The account of the plaintiff consisted principally of charges for goods purchased by the defendant at the plaintiff’s store in Middle-bury ; ■ and the principal charges in the defendant’s account were for lumber delivered to the plaintiff, or for sawing logs at the defendant’s mill in Ripton.
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Boon Account. Judgment to account was rendered in the county court, and an auditor was appointed, who reported substantially as follows. The account of the plaintiff consisted principally of charges for goods purchased by the defendant at the plaintiff’s store in Middle-bury ; ■ and the principal charges in the defendant’s account were for lumber delivered to the plaintiff, or for sawing logs at the defendant’s mill in Ripton. The items of interest charged in the plaintiff’s account, amounting to $138,76, were disallowed. A large part of the plaintiff’s account was for spirituous liquors sold…
1Opinion of the Court
The opinion of the court was delivered by
Uoyce, Ch. J.
This was an action on book account, in which exceptions were taken to the judgment of the county court, accepting the auditor’s report in favor of the plaintiff. Two objections only are now urged; — first, to the allowance of interest on the plaintiff’s account in the manner stated by the auditor, — and, second, to the allowance of that portion of his account, which consisted of liquors sold to the defendant.
Interest is not necessarily a part of a debt, unless expressly made so by the terms of the contract; as when there is an undertaking…
2Cases cited1 opinion
- Raymond v. Administrator of the Estate of IshamSupreme Court of Vermont · 1836
3Cited by4 opinions
- Newton v. Smith Motors, Inc.Supreme Court of Vermont · 1961
- Yearteau v. Bacon's EstateSupreme Court of Vermont · 1892
- Goodnow v. ParsonsSupreme Court of Vermont · 1863
- Newton v. Smith Motors, Inc.Supreme Court of Vermont · 1961