Babcock v. Kennedy
Supreme Court of Vermont
' This was an action on book account, in which the defendant gave judgment to account in the County Court, and an auditor was appointed to take the accounts of the parties. The auditor’s report having been returned into court, judgment was rendered thereon for the plaintiff, and exceptions were taken to-that-decision, upon which the cause was removed to the Supreme Court, for a final decision.
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' This was an action on book account, in which the defendant gave judgment to account in the County Court, and an auditor was appointed to take the accounts of the parties. The auditor’s report having been returned into court, judgment was rendered thereon for the plaintiff, and exceptions were taken to-that-decision, upon which the cause was removed to the Supreme Court, for a final decision. The report of the auditor is as follows: “In this case yourau- “ ditor reports that, he’ notified the parties, who duly attended the “ auditing of their accounts — when the plaintiff exhibited the ae-'…
1Opinion of the Court
HutchinsoN, • J.
after stating the case, announced the opinion of the court.— The only ground on which the plaintiff can recover the sum claimed of the defendant is, that he is liable to pay the rent in question to Thomar- Kennedy, the mortgagor; for, the report of the auditor shows, that the articles were delivered in contemplation that they would go in payment of the rent, supposing the defendant as mortgagee, entitled to receive such rent. If the plaintiffis compellable to pay this rent to the mortgagor, the consideration, upon which he delivered the articles to the defendant, has failed,…
2Cases cited1 opinion
- Atkinson v. BurtSupreme Court of Vermont · 1826
3Cited by11 opinions
- Hughes & Co. v. HamiltonWest Virginia Supreme Court · 1882
- Stedman v. GassettSupreme Court of Vermont · 1846
- Town of Bristol v. United States ex rel. Small Business AdministrationDistrict Court, D. Vermont · 1970
- In Re GalvinUnited States Bankruptcy Court, D. Vermont · 1990
- Mason v. GraySupreme Court of Vermont · 1863
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