Luther Cross & Co. v. Haskins
Supreme Court of Vermont
This was an action of assumpsit in favor of Luther Cross and Ira Day, late partners under the firm of Luther Cross & Co. The defendant filed in offset a declaration on book, and the questions presented for the decision of this court arose from the proceedings upon the declaration in offset.
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This was an action of assumpsit in favor of Luther Cross and Ira Day, late partners under the firm of Luther Cross & Co. The defendant filed in offset a declaration on book, and the questions presented for the decision of this court arose from the proceedings upon the declaration in offset. Judgment to account was rendered in the county court, and an auditor was appointed, who reported that the amount of Haskin’s account, as presented by him, was $298,50, of which the auditor allowed $152,56; that the account of Cross & Co., as presented by them, amounted to $378,36, which was reduced by the…
1Opinion of the Court
The opinion of the court was delivered by
Collamer, J.
The defendant’s objection to the deposi-*540lion of Ware before the auditor is not well taken. That deposition is, in substance, that the deponent received of ^as^ins the be bas charged the plaintiffs, and gave him credit therefor on book, and has settled with him therefor, ^ .g nQW 0];jjected that this deposition could not be received, as the deponent’s books were better testimony. But they were not better testimony, that is, testimony of a higher character. They were not within the plaintiffs’ control, and, if produced, could have been no…
2Cited by8 opinions
- Higgins v. . MooreNew York Court of Appeals · 1866
- Brown v. AitkenSupreme Court of Vermont · 1916
- Mann's Ex'rs v. RobinsonWest Virginia Supreme Court · 1881
- Chase v. RobinsonSupreme Court of Vermont · 1912
- Equitable Life Assurance Co. v. BrobstNebraska Supreme Court · 1886
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