Towslee v. Healey
Supreme Court of Vermont
This was an action of book account. On the hearing of the auditor’s report and exceptions thereto, at the June Term, 1866, Kellogg, J., presiding, the court, pro forma, decided that the plaintiff was entitled to recover of the defendant the balance reported by the auditor as due from the defendant to the plaintiff, to balance book accounts between them, and rendered judgment in favor of the plaintiff against the defendant accordingly, — to this decision and judgment the…
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This was an action of book account. On the hearing of the auditor’s report and exceptions thereto, at the June Term, 1866, Kellogg, J., presiding, the court, pro forma, decided that the plaintiff was entitled to recover of the defendant the balance reported by the auditor as due from the defendant to the plaintiff, to balance book accounts between them, and rendered judgment in favor of the plaintiff against the defendant accordingly, — to this decision and judgment the defendant excepted. The facts are stated in the opinion.
1Opinion of the Court
The opinion of the court was delivered by
"Wilson, J.
The only question which this case requires us to decide relates to the tender of $55. made by the deffndant and received by the plaintiff. The auditor finds that, after this suit was commenced, and after the commencement of the December Term of the county court, in the year 1865, and during that term the defendant tendered to the plaintiff fifty-five dollars, in full, .for this suit then pending, and the costs as well as the debt, and asked the plaintiff if he would take the money. The plaintiff replied, “ yes, and twenty dollars more.” He…
2Cases cited4 opinions
- McDaniels v. President of the Bank of RutlandSupreme Court of Vermont · 1857
- Preston v. GrantSupreme Court of Vermont · 1861
- McDaniels v. LaphamSupreme Court of Vermont · 1849
- Cole v. Champlain Transportation Co.Supreme Court of Vermont · 1853
3Cited by7 opinions
- St. Joseph School Board ex rel. Donovon v. HullMissouri Court of Appeals · 1897
- Sparks v. Spaulding Mfg. Co.Supreme Court of Iowa · 1913
- Petit v. . WoodliefSupreme Court of North Carolina · 1894
- D. N. Lightfoot & Son v. Edward Hurd & Co.Missouri Court of Appeals · 1905
- Van Dyke v. Wilder & Co.Supreme Court of Vermont · 1894
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