Stevens v. Tuttle
Supreme Court of Vermont
This case came before the court on the report of an auditor in an action on book account. It apeared by the report that the plaintiff’s account was principally for grain delivered to the defendant in January and February, 1821 ; that at the .time the account accrued, it was the understanding of the parties that in the adjustment of the'account, it should be applied in payment of a note which Tuttle held against Stevens, payable in cattle, October 1, 1820, or in grain in…
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This case came before the court on the report of an auditor in an action on book account. It apeared by the report that the plaintiff’s account was principally for grain delivered to the defendant in January and February, 1821 ; that at the .time the account accrued, it was the understanding of the parties that in the adjustment of the'account, it should be applied in payment of a note which Tuttle held against Stevens, payable in cattle, October 1, 1820, or in grain in January, 1821 ; that previous to the commencement of this action an application was made to Tuttle for an adjustment of the…
1Opinion of the Court
After argument, the opinion of the Court ivas delivered by
Williams, J.
This case is very near the dividing line . between two classes of cas.es on which the law is well settled. The difficulty arises from deciding on which side of the line it is to be placed.
Nothing can be clearer than that no action will lie to recovers money or goods which have been delivered or received in payment of an existing debt, where the party receiving refuses or neglects to make the application. When the payment is made, the debt or obligation is so far extinguished,, ánd it does not depend on the after will or act…
2Cases cited1 opinion
- Loring v. MansfieldMassachusetts Supreme Judicial Court · 1821
3Cited by2 opinions
- Noyes v. WardSupreme Court of Connecticut · 1848
- Cushman v. Estate of HallSupreme Court of Vermont · 1856