Heald v. Warren
Supreme Court of Vermont
Book Account. Judgment to account was rendered, and an auditor was appointed, who reported the facts substantially as follows. The plaintiff’s account was for flour sold, to the amount of $31,25. The defendant received the flour of Owen Spalding.
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Book Account. Judgment to account was rendered, and an auditor was appointed, who reported the facts substantially as follows. The plaintiff’s account was for flour sold, to the amount of $31,25. The defendant received the flour of Owen Spalding. As between the plaintiff and Spalding the business of dealing in flour was carried on in this manner ; the plaintiff furnished money for the purchase of the flour, which Spalding was to repay to him, with interest, and to allow to him one barrel of flour for every one hundred barrels purchased ; the flour was purchased and invoiced in the name of the…
1Opinion of the Court
The opinion of the court was delivered by
Bennett, J.
It is objected by the defendant, that this action is misconceived, and should have been brought by Spalding. But by a recurrence to the facts reported by the auditor it will be seen, that the plaintiff had the legal interest in the property and Spalding only the equitable interest. It is well settled, that the person having the legal interest has at law the right of action.
In regard to the question of the admissibility of Spalding as a witness, after the execution of the releases, which are attached to the case, little need be said. The…
2Cases cited1 opinion
- Edwards v. GoldingSupreme Court of Vermont · 1847
3Cited by1 opinion
- Rutland Probate Court v. HullSupreme Court of Vermont · 1885