Fay, Davidson & Burt v. Green
Supreme Court of Vermont
THIS cause came before the Court upon exceptions filed by the defendant to a report of auditors. From the report, (which was a special one,) it appeared, among other things, that the defendant, after admitting the receipt of the articles charged in the plaintiffs’ account, presented an account against Lucinda Burt, sister of Charles Burt, one of the plaintiffs, and now Lucinda Stone, for medicine and attendance during the sickness of the said Lucinda, in the wintef and…
Read the full summary
THIS cause came before the Court upon exceptions filed by the defendant to a report of auditors. From the report, (which was a special one,) it appeared, among other things, that the defendant, after admitting the receipt of the articles charged in the plaintiffs’ account, presented an account against Lucinda Burt, sister of Charles Burt, one of the plaintiffs, and now Lucinda Stone, for medicine and attendance during the sickness of the said Lucinda, in the wintef and spring of 1817, amounting to $106,37, without interest, which he claimed to be set off against the accounts of the…
1Opinion of the Court
The opinion of the Court was pronounced by
Prentiss, J.
This case came before the Court, at the last-term, on exceptions to a report, returned by former auditors in favour of the defendant. That report having been set aside, and new auditors appointed, a report is now returned for the plaintiffs, to which the defendant has taken two exceptions, on which we are called to decide.
1, The first exception is, that the auditors refused to permit the defendant to testify, that the goods, charged in the plaintiffs’ account, were received by him in payment of a debt *388^ue ^*03 ^01*1 one Bacinda Burt, in…
2Cases cited2 opinions
- Davison v. GreenSupreme Court of Vermont · 1826
- Stevens v. Richards, Trusdell, & Co.Supreme Court of Vermont · 1827
3Cited by3 opinions
- Newton v. HigginsSupreme Court of Vermont · 1829
- May v. CorlewSupreme Court of Vermont · 1831
- Tyler v. ScottSupreme Court of Vermont · 1873