Farrar v. Bessey
Supreme Court of Vermont
Book Account. The action was commenced before a justice1 of the peace, and came to the county court by appeal. Judgment to account was rendered in the county court, and an auditor was appointed, who reported the facts substantially as follows : The plaintiff’s account was not disputed, but the defendants relied upon the statute of limitations, for defense.
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Book Account. The action was commenced before a justice1 of the peace, and came to the county court by appeal. Judgment to account was rendered in the county court, and an auditor was appointed, who reported the facts substantially as follows : The plaintiff’s account was not disputed, but the defendants relied upon the statute of limitations, for defense. It appeared that two credits were made upon the plaintiff’s books within six years, for services of the defendants’ wife, and that the plaintiff and defendants agreed that the same should apply on the account against the wife of the…
1Opinion of the Court
The opinion of the court was delivered by
Royce, Ch. J.
This was an action of book account, brought to. recover a balance claimed to be due from the wife. The whole of the plaintiff’s account, except one item of fifty cents, on the debit side, and two items of credit, amounting to two dollars and fifty cents, accrued before the intermarriage of the defendants. They presented no account before the auditor, but relied on the statute of limitations. To this defense two answers were attempted before the auditor, but only one of them is now insisted on. This is based upon the fact, that the three…
2Cases cited5 opinions
- Joslyn v. SmithSupreme Court of Vermont · 1841
- Gay v. Estate of RogersSupreme Court of Vermont · 1846
- Powers v. SouthgateSupreme Court of Vermont · 1843
- Munson v. RiceSupreme Court of Vermont · 1844
- Strong v. McConnelSupreme Court of Vermont · 1833
3Cited by1 opinion
- Server v. LangSupreme Court of Vermont · 1918