McGlynn v. Billings
Supreme Court of Vermont
Book Account. The auditor reported, that, prior to the commencement of the plaintiff’s action, the parties met for the purpose of making a settlement, — one Hanley being present to assist the plaintiff. That, after a mutual examination of their accounts, the defendant claimed that the balance due to the plaintiff was eighty two dollar», and drew In order for that sum on Francis Slason, and offered it to the plaintiff, as the balance due to him.
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Book Account. The auditor reported, that, prior to the commencement of the plaintiff’s action, the parties met for the purpose of making a settlement, — one Hanley being present to assist the plaintiff. That, after a mutual examination of their accounts, the defendant claimed that the balance due to the plaintiff was eighty two dollar», and drew In order for that sum on Francis Slason, and offered it to the plaintiff, as the balance due to him. That the plaintiff declined receiving it, claiming that a larger sum was due to him. That finally the defendant delivered the order to Hanley in the…
1Opinion of the Court
The opinion of the court was delivered by.
Williams, Ch. J.
The court consider that the acceptance by the plaintiff of the order on Slason, after the declarations made by the defendant in his presence, was a discharge in full of his account; and the decision of the auditor to this effect was right. The proposition, on the part of the defendant, to give this sum does not *332appear to have been founded on the balance as ascertained, but was an offer of a certain sum as a settlement. Having this view of the case, it is not necessary to say any thing in relation to the account. The examination of the…
2Cited by12 opinions
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- Calkins v. StateWisconsin Supreme Court · 1861
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