Chipman v. Bates
Supreme Court of Vermont
This was an action originally commenced before a single magistrate, from whose judgement an appeal was taken to the County Court, and there ruled out to a referee, from whose report the following facts are drawn.
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This was an action originally commenced before a single magistrate, from whose judgement an appeal was taken to the County Court, and there ruled out to a referee, from whose report the following facts are drawn. The plaintiff exhibited an account, the first nine items of which the referee disallowed, on the ground that they were barred by the statute of limitation as insisted by the defendant.— Two other charges of the plaintiff’s account which seem to ]iaye been within six years, were allowed by the referee, to1 wit. Three dollars for the use of a horse, and fifty cents f°r keeping sheep.…
1Opinion of the Court
Paddock, I.
The items of account exhibited before -the referee, have not been brought into Court, but from Jus report, we learn there was no exhibits on the part of the defendant, nor had the plaintiff any credits on his book, so that the question for the referee to decide was, whither the statute of limitation should bar those items of account which were of more than six years standing; this question was virtually settled in the case of Hutchinson & Dunham vs. Pratt, 2. Vt. Rep. 146. The case of Cotes vs. Harris, cited in Bul. N. P. 149, was then considered as law, and must now govern in this…
2Cited by5 opinions
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