Winn v. Averill
Supreme Court of Vermont
Book Account. The action was commenced before a justice of the peace and came to the county court by appeal, taken by the defendants. Judgment to account was rendered in the county court, and an auditor appointed, who made his report.
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Book Account. The action was commenced before a justice of the peace and came to the county court by appeal, taken by the defendants. Judgment to account was rendered in the county court, and an auditor appointed, who made his report. At the September term of the county court, A. D. 1851,— Collamer, J., presiding, — the plaintiff, after the report was filed, moved for leave to strike out the name of Rufus Chase, one of the defendants, it appearing, from the report, that said Chase was not in life, at the time when the services for which the plaintiff claims a recovery were contracted for and…
1Opinion of the Court
The opinion of the court was delivered by
Isham, J.
On the coming in of the report of the auditor in this case, the county court, on application by the plaintiff, permitted the name of Rufus Chase to be struck from the record as one of the defendants, and rendered judgment on the report against the others. We learn from the case, that Mr. Chase was one of the original petitioners, but that he deceased in 1846, and before the rendition of these services, or commencement of this action. The right of action on his decease, survived against these defendants, as against them an action can be…
2Cases cited3 opinions
- Whitbeck v. CookNew York Supreme Court · 1818
- Leverett v. HarrisMassachusetts Supreme Judicial Court · 1811
- Parsons v. PlaistedMassachusetts Supreme Judicial Court · 1816
3Cited by2 opinions
- Kimball v. LaddSupreme Court of Vermont · 1870
- Stanton v. Proprietors of Haverhill BridgeSupreme Court of Vermont · 1874