Eddy v. Stafford
Supreme Court of Vermont
Book Account. Judgment to account was rendered in the county court, and an auditor was appointed, who reported, in substance, that the account presented by the plaintiff consisted mainly of a charge for certain personal property, which was sold by the plaintiff to the defendant, September 33,1843, for two hundred dollars, under an agreement that it was to be paid for by three promissory notes, one for fifty dollars, to be signed by the defendant and made payable in February,…
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Book Account. Judgment to account was rendered in the county court, and an auditor was appointed, who reported, in substance, that the account presented by the plaintiff consisted mainly of a charge for certain personal property, which was sold by the plaintiff to the defendant, September 33,1843, for two hundred dollars, under an agreement that it was to be paid for by three promissory notes, one for fifty dollars, to be signed by the defendant and made payable in February, 1844, one for fifty dollars, to be signed by the defendant and made payable in one year, and the third for one hundred…
1Opinion of the Court
The opinion of the court was delivered by
Redfield, J.
After the decisions of this court in Martin v. Fuller, 16 Vt. 108, and Scott v. Montague, 16 Vt. 164, it is impossible to consider this a sale for payment in hand. It was, as to the one hundred dollar note, a sale upon two years’ credit, which had not expired at the time of rendering the judgment in the court below. That being the fact, the cases referred to equally settle the point, that neither indebitatus assumpsit, nor book account, can be maintained. The case, then, was correctly decided in the court below.
The English decisions seem,…
2Cases cited2 opinions
- Martin v. FullerSupreme Court of Vermont · 1844
- Scott v. MontagueSupreme Court of Vermont · 1844
3Cited by3 opinions
- Foster v. AdamsSupreme Court of Vermont · 1888
- Kent v. BowkerSupreme Court of Vermont · 1865
- Geo. A. Thayer & Co. v. BallouSupreme Court of Vermont · 1859