Boutwell v. Tyler
Supreme Court of Vermont
This was an action of book account. Judgment to account having been rendered in the county court, an auditor was appointed, who reported, among other things, that one of the items in the defendant’s account against the plaintiff, was for “cash as per receipt, $55,00;” that the receipt given by the plaintiff to the defendant was as follows : “ Received of Jeremiah Tyler fifty five dollars, to account with him for the same.
Read the full summary
This was an action of book account. Judgment to account having been rendered in the county court, an auditor was appointed, who reported, among other things, that one of the items in the defendant’s account against the plaintiff, was for “cash as per receipt, $55,00;” that the receipt given by the plaintiff to the defendant was as follows : “ Received of Jeremiah Tyler fifty five dollars, to account with him for the same. Thetford, August 5, 1828. Signed, Levi Boutwell;” That the plaintiff objected to the allowance of the money thus charged, alleging that the charge was made for money lent,…
1Opinion of the Court
The opinion of the court was delivered by
Williams, Ch. J.
In this case the auditor has reported a balance in favor of the defendant. The plaintiff excepted, and the only question to which our attention has been called, is, whether the charge of fifty five dollars, specified in the receipt, was a proper subject of charge on book.
It appears evident, from the terms of the receipt, that the money was received to be accounted for, and that there were mutual dealings between the parties. It was, therefore, a proper subject to be examined and adjusted when the accounts of the parties were adjusted…
2Cited by1 opinion
- Clark v. MarshSupreme Court of Vermont · 1848