Jackman v. Partridge
Supreme Court of Vermont
Book Account. Judgment to account was rendered, and an auditor was appointed, who reported the facts substantially as follows. The transactions of the parties, from which their accounts accrued, arose from their relation as officers and instructors in Norwich University, of which the defendant was president, and in which the plaintiff was a professor.
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Book Account. Judgment to account was rendered, and an auditor was appointed, who reported the facts substantially as follows. The transactions of the parties, from which their accounts accrued, arose from their relation as officers and instructors in Norwich University, of which the defendant was president, and in which the plaintiff was a professor. The corporation of the university had a treasurer; but the faculty were entitled to all the tuition of the students; and, for the purpose of collecting and receiving the tuition, one of the faculty acted as depositary, or treasurer, and the…
1Opinion of the Court
*560The opinion of the court was delivered by
Royce, Ch. J.
The argument on the part of the defendant having been confined to the first and principal item of charge in the plaintiff’s account, — the charge for arrears of tuition money, — that will be treated as the only matter for consideration. And before the defendant could be liable to an action for the tuition money, his situation as a mere depositary must have been changed to that of a debtor. This would be effected by a refusal to pay over the money upon proper request, or by a wrongful appropriation of it. Smith v. Barrow, 2 T. R. 476. The…
2Cases cited6 opinions
- Ambler v. BradleySupreme Court of Vermont · 1834
- Hall & Chase v. J. & J. H. Peck, & Co.Supreme Court of Vermont · 1838
- Albee v. FairbanksSupreme Court of Vermont · 1838
- Nason v. CrockerSupreme Court of Vermont · 1839
- McCrillis v. BanksSupreme Court of Vermont · 1847
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