Legal Opinion

Brainerd v. Champlain Transportation Co.

Supreme Court of Vermont

Decided January 15, 1857PublishedCited by 8 opinions

Book account. The first eleven items in the plaintiffs’ account were for several quantities of wood, delivered at different times, all of which had been paid for, so far as they were found to be correctly charged, and no question in reference to them was carried to the supreme court.

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Book account. The first eleven items in the plaintiffs’ account were for several quantities of wood, delivered at different times, all of which had been paid for, so far as they were found to be correctly charged, and no question in reference to them was carried to the supreme court. The twelfth charge was for nineteen cords of wood boated to Plattsbui-gh in September, 1849, in reference to which the auditor reported the following facts : The wood was delivered at Plattsburgh at the time charged, by the direction of Lawrence Brainerd, who was then a director in the defendants’ company, and…

1Opinion of the Court

The opinion of the court was delivered by

RbdEierd, Ch. J.

The great controversy in the present case is in regard to the plaintiffs’ right to recover interest on the amount found due to him. The amount remained unpaid for such a period of time, that under ordinary circumstances, interest would be regarded as recoverable. But this is upon the presumption that it should have been paid before. And interest is never recoverable on the ground of delay of payment or by way of damages; in short, never in any case, except upon the presumption that the debt should have been paid sooner, unless when…

2Cases cited1 opinion

  1. Stoddard v. ChapinSupreme Court of Vermont · 1843

3Cited by8 opinions

  1. Tyrrell v. Prudential Insurance Co. of AmericaSupreme Court of Vermont · 1937
  2. Lappinen v. Union Ore Co.Supreme Court of Minnesota · 1947
  3. Town of Panton v. Noonan, Admr.Supreme Court of Vermont · 1941
  4. Bishop v. BrownSupreme Court of Vermont · 1879
  5. Evans v. BeckwithSupreme Court of Vermont · 1864

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