Walsh v. Pierce
Supreme Court of Vermont
This was an action of book account, in which there had been a judgment to account and auditors appointed, who reported as follows: That in August 1832, plaintiffs were merchants in Albany; that the'defendant, at the same time and ever since, resided at St. Johns, Canada ; at the time aforesaid, one Hiram Pierce, then residing at Ogdensburgh, came to plaintiffs’ store in Albany, pretending to be the agent of defendant, who then and at sundry times thereafter, pretending to be…
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This was an action of book account, in which there had been a judgment to account and auditors appointed, who reported as follows: That in August 1832, plaintiffs were merchants in Albany; that the'defendant, at the same time and ever since, resided at St. Johns, Canada ; at the time aforesaid, one Hiram Pierce, then residing at Ogdensburgh, came to plaintiffs’ store in Albany, pretending to be the agent of defendant, who then and at sundry times thereafter, pretending to be such agent of defendant, purchased the goods charged in plaintiffs’ account, and directed the same to be charged to…
1Opinion of the Court
The opinion of the court was delivered by
Williams, Ch. J.
The account’of the plaintiffs was submitted to auditors, who-made a special report, submitting the case for the opinion of the court. The county court rendered judgment on the report, for the plaintiffs to recover ; to which exceptions were taken.
The’ auditors have found certain facts, and stated that they believe the facts stated in the deposition of one Wood-ruff, and made part of the case.
It is the duty of the auditors to find all the facts, and it is rarely, if ever, proper for them to submit the evidence on whieh they are found,…
2Cited by2 opinions
- Price v. State Highway CommissionWyoming Supreme Court · 1946
- Heirs of Adams v. AdamsSupreme Court of Vermont · 1849