Haskell v. Bowen
Supreme Court of Vermont
Book acoouNT. The auditor to whom the case was referred reported that the first item, use of oxen, $2.50, and third item, some wood, $1.67, of plaintiff’s account, amounting, with interest, to $5.40, were matters of deal between the parties, on the part of the plaintiff in his own right; that the second item, for a pair of shears, 40 cents, and the fourth item, a quantity of hay, $88.00, were matters of deal on the part of the plaintiff as executor of the last will and…
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Book acoouNT. The auditor to whom the case was referred reported that the first item, use of oxen, $2.50, and third item, some wood, $1.67, of plaintiff’s account, amounting, with interest, to $5.40, were matters of deal between the parties, on the part of the plaintiff in his own right; that the second item, for a pair of shears, 40 cents, and the fourth item, a quantity of hay, $88.00, were matters of deal on the part of the plaintiff as executor of the last will and testament of- Nathaniel Pierce, deceased, and that said shears and hay were a part of the personal estate of said deceased,…
1Opinion of the Court
The opinion of the court was delivered by _
PeoK, J.
The fact that the plaintiff, just before he settled his final account as executor of Pierce in the probate court, obtained from the defendant a statement of the balance due the plaintiff on account of the estate of which he was executor, and had the same allowed against himself in his accounting as such executor, would seem to remove all practical difficulty of recovering that balance in-this action. The action being an action of book account, and a special report of the auditor, the record would, always show what was allowed on tlié account…
2Cases cited1 opinion
- Aiken v. BridgmanSupreme Court of Vermont · 1864
3Cited by10 opinions
- Rowley v. ShepardsonSupreme Court of Vermont · 1910
- Burrell v. KernOregon Supreme Court · 1899
- Bates v. SabinSupreme Court of Vermont · 1892
- Firemen's Insurance v. ButcherSupreme Court of Vermont · 1929
- Powers v. DouglassSupreme Court of Vermont · 1881
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