Blake v. Parleman
Supreme Court of Vermont
This was an action of book account. In the county court, judgment to account having been rendered, an auditor was appointed who reported as follows ;— ‘The last item in the plaintiff’s account was charged in ‘ the usual course of business, on the 14th day of March A. 4 D. 1831, since which time there have been no articles deliv- ‘ ered, payments made, nor charges on book by either plain- ‘ tiffs, or defendant.
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This was an action of book account. In the county court, judgment to account having been rendered, an auditor was appointed who reported as follows ;— ‘The last item in the plaintiff’s account was charged in ‘ the usual course of business, on the 14th day of March A. 4 D. 1831, since which time there have been no articles deliv- ‘ ered, payments made, nor charges on book by either plain- ‘ tiffs, or defendant. On the first day of June A. D. 1831, 4 the defendant removed from this state to the state of New ‘ York, and continued to reside there until the month of June ‘ A. D. 1834, when he…
1Opinion of the Court
The opinion of the court was delivered by
Bennett, J.
In the case of Phelps v. Stewart & Wood, 12 Vt. R. 264, Royce J. lays down the rule, as extracted from the recent decisions in this state, to be as follows ; to take a demand out of the statute of limitations, “ there must be an acknowledgment of tlje debt as still due, with an apparent willingness to remain liable for it, or, at least, without an avowed intention to the contrary.” In the case of Sands v. Gelston, 15 John. R. 511, where this subject was much considered, Chief Justice Spencer said, “that if, at the time of the acknowledgment…
2Cited by6 opinions
- Hunter v. Kittredge's EstateSupreme Court of Vermont · 1868
- Bliss v. AllardSupreme Court of Vermont · 1877
- Minkler v. Estate of MinklerSupreme Court of Vermont · 1844
- Brewin v. Estate of FarrellSupreme Court of Vermont · 1867
- Cooper v. ParkerSupreme Court of Vermont · 1853
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