Legal Opinion

Alexander v. Bank of Rutland

Supreme Court of Vermont

Decided February 15, 1852PublishedCited by 1 opinion

Book Account. The action was commenced before a justice of the peace, and came to the county court by appeal. Judgment to account was rendered in the county court, and an auditor was appointed, who reported the facts substantially as follows : The plaintiff was employed by one John M. Burdick, to quarry and get out of a certain ledge in Shrewsbury, a quantity of stone for the purpose of repairing the vault of the Rutland Bank, that the plaintiff performed the services, and…

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Book Account. The action was commenced before a justice of the peace, and came to the county court by appeal. Judgment to account was rendered in the county court, and an auditor was appointed, who reported the facts substantially as follows : The plaintiff was employed by one John M. Burdick, to quarry and get out of a certain ledge in Shrewsbury, a quantity of stone for the purpose of repairing the vault of the Rutland Bank, that the plaintiff performed the services, and incurred the expenses charged in his account. That the blocks of stone which were got out by plaintiff, were drawn and…

1Opinion of the Court

The opinion of the court was delivered by

Isham, J.

It is admitted in this case, that the services were rendered, and expenditures made by the plaintiff, as allowed by the auditor. But the defendants claim that they are not account■able to the plaintiff; that they never employed him, and.that no privity of contract exists between them. We learn from the case that the plaintiff was employed by one John M. Burdick, to perform these services, but it is insisted that Burdick acted as the agent of the Bank in so doing, and was authorized to employ him for that purpose, and whether he was such agent…

2Cases cited3 opinions

  1. Lincoln v. BattelleNew York Supreme Court · 1831
  2. Kirkpatrick v. StainerCourt for the Trial of Impeachments and Correction of Errors · 1839
  3. Dyer v. BusnhamSupreme Judicial Court of Maine · 1845

3Cited by1 opinion

  1. Darby v. First National BankSupreme Court of Vermont · 1885

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