Legal Opinion

Boardman v. Keeler

Supreme Court of Vermont

Decided January 15, 1829PublishedCited by 5 opinions

The?questions of law which the court were called upon to .decide, in this case, arose upon the acceptance of an Auditor’s-report, in the County Court of this county, April Term, 1827; The case shows that one Elisha Boardman of South Hero was the owner of a sloop or boat which navigáted Lake Champlain j ■and that Jona.

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The?questions of law which the court were called upon to .decide, in this case, arose upon the acceptance of an Auditor’s-report, in the County Court of this county, April Term, 1827; The case shows that one Elisha Boardman of South Hero was the owner of a sloop or boat which navigáted Lake Champlain j ■and that Jona. Boardman was the master; arid, by the terms of the contract between the said Elisha and Jonathan, the latter was to have the entire controul of said boat, and was bound to account with the said Elisha for the one half of the net proceeds, after deducting expenses and…

1Opinion of the Court

The cause being submitted without argument, the opinion of the Court was delivered by

Paddock, J.

It would be doing the plaintiff an injury, without benefitting the defendants, to turn him around to a new action, if book debt will lie in the present instance ; and that it will, the Court have little doubt. There is frequently some difficulty in drawing the line where book debt ¿hall end, and assumpsit commence ; but the Court think this case sufficiently marked as falling within that class of dealing between persons, which was intended by the Legislature, and policy dictates, to be charged on…

2Cases cited1 opinion

  1. Muzzy v. WhitneyNew York Supreme Court · 1813

3Cited by5 opinions

  1. Hilliker v. LoopSupreme Court of Vermont · 1833
  2. Lasher v. ColtonIllinois Supreme Court · 1906
  3. Bromley v. ElliotSupreme Court of New Hampshire · 1859
  4. Mason v. PotterSupreme Court of Vermont · 1854
  5. Monroe v. EzzellSupreme Court of Alabama · 1847

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