Scott v. Brigham
Supreme Court of Vermont
Booh account. Trustee process. Book account. In the defendant’s account against the plaintiff, were charges for “ pr. of adze borrowed,” — “ piece of rafting rigging, borrowed by Moses,” — “ nail hammer, lent Moses,” — “ paid for mending large chain, broken by your hands,” — “ two augers, lent to your hands,” and “ one chain, lent Knapp, not returned,” which the auditor disallowed, and reported that the facts in relaction to them were as follows.
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Booh account. Trustee process. Book account. In the defendant’s account against the plaintiff, were charges for “ pr. of adze borrowed,” — “ piece of rafting rigging, borrowed by Moses,” — “ nail hammer, lent Moses,” — “ paid for mending large chain, broken by your hands,” — “ two augers, lent to your hands,” and “ one chain, lent Knapp, not returned,” which the auditor disallowed, and reported that the facts in relaction to them were as follows. The defendant lent the tools and implements referred to in his account, to men in the employ of the plaintiff, to be used in the plaintiff’s…
1Opinion of the Court
The opinion of the court was delivered by
Bennett, J.
We think the judgment of the county court should be affirmed. The tools which were borrowed, by the men in the plaintiff’s employ, of the defendant, could not be charged on book, even admitting that the acts of the hired men were binding upon *562the plaintiff, which we do not decide. These articles were not delivered in contemplation of creating a debt, or to impose an obligation to pay for them. The articles were not delivered to be worn out by usage, and there was no evidence that they had been, or were damaged; and the case does not show…
2Cited by6 opinions
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- Whittenberg v. LloydTexas Supreme Court · 1878
- Keyes v. RinesSupreme Court of Vermont · 1864
- Martin v. HurlburtSupreme Court of Vermont · 1888
- Kingsland, Ferguson & Co. v. McGowan Bros.Court of Appeals of Texas · 1885
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