Birchard & Moulton v. Palmer
Supreme Court of Vermont
Book Account. Judgment to account was rendered in the county court, and an auditor was appointed, who reported, in substance, that the account presented by the plaintiffs against the defendant consisted of charges for freight of lumber; that, at the time the charges accrued, the defendant was a partner with one Amos Palmer and jointly interested with him in the lumber transported by the plaintiffs; that it was a matter of public notoriety, in the vicinity where the' business…
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Book Account. Judgment to account was rendered in the county court, and an auditor was appointed, who reported, in substance, that the account presented by the plaintiffs against the defendant consisted of charges for freight of lumber; that, at the time the charges accrued, the defendant was a partner with one Amos Palmer and jointly interested with him in the lumber transported by the plaintiffs; that it was a matter of public notoriety, in the vicinity where the' business was transacted by the parties, that a partnership existed between the defendant and Amos Palmer; but that the account…
1Opinion of the Court
The opinion of the court was delivered by
Williams, Ch. J.
No question has been argued here, in relation to the rejection of the deposition of Amos Palmer; that objection is therefore considered as abandoned.
On the other question, which has been argued, we have only to observe, that no question of law is presented, on which we are to determine. The county court have found the defendant chargeable for the amount of the plaintiffs1 account. When the county court, instead of recommitting a report, undertake to decide any question of fact, or to draw any inference of fact, arising on the report,…
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