Delaware v. Staunton
Supreme Court of Vermont
This was an action of book account, commenced at the March term of the county court, 1833. ' The defendant prayed oyer of the plaintiff’s account and plead, in bar, the following pleas. 1. That the defendant, heretofore, to wit, on the IOth day of January, A. D. 1833, at Jericho, aforesaid, paid and satisfied to said plaintiff, one dollar, in full satisfaction and discharge of said book account, and said plaintiff then and there accepted and received of said defendant said…
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This was an action of book account, commenced at the March term of the county court, 1833. ' The defendant prayed oyer of the plaintiff’s account and plead, in bar, the following pleas. 1. That the defendant, heretofore, to wit, on the IOth day of January, A. D. 1833, at Jericho, aforesaid, paid and satisfied to said plaintiff, one dollar, in full satisfaction and discharge of said book account, and said plaintiff then and there accepted and received of said defendant said sum of one dollar in full payment, satisfaction and discharge of said book account. 2. That after the accruing of the…
1Opinion of the Court
The opinion of the court was delivered by
Williams, Ch. J.
in this case, which is an action on book, the defendant plead three several pleas in bar, to which there was a general demurrer. The county court rendered judgment for the plaintiff, to which exceptions were taken. The pleas are evidently bad. They amount to payment and nothing more; and whether considered according to the rules applicable to the action of account at common law, or to our action on book, such pleas are not to be received in bar of the action, but in discharge of the account before auditors. As a general rule, any matter…
2Cases cited1 opinion
- Read v. BarlowSupreme Court of Vermont · 1826
3Cited by4 opinions
- Hall v. ArmstrongSupreme Court of Vermont · 1893
- New York Central Railroad v. ClarkSupreme Court of Vermont · 1918
- Porter v. SmithSupreme Court of Vermont · 1848
- Matthews v. TowerSupreme Court of Vermont · 1867