Brush v. Hurlburt
Supreme Court of Vermont
This was an action of hoolc account, originally commenced before a justice of the peace, and the declaration concluded to the damage of the plaintiff eight dollars. At the trial before the justice the defendant pleaded in offset a book account consisting of two items, amounting to $23. A jury was empannelled to try the issue ; but the defendant did not offer any evidence in support of bis claim in offset, nor even éxhibil the account to the jury.
Read the full summary
This was an action of hoolc account, originally commenced before a justice of the peace, and the declaration concluded to the damage of the plaintiff eight dollars. At the trial before the justice the defendant pleaded in offset a book account consisting of two items, amounting to $23. A jury was empannelled to try the issue ; but the defendant did not offer any evidence in support of bis claim in offset, nor even éxhibil the account to the jury. A verdict was returned in favor of the plaintiff for $2,57 damages. The defendant moved for an appeal, which was granted by the justice, though…
1Opinion of the Court
The opinion of the Court was pronounced by
Paddock, J.
This is an action on book account, originally commenced before a justice of the peace, demanding in damages $8,00. At the return day of the writ, the defendant appeared before the justice, and exhibited and pleaded a book account against the plaintiff of $23,00 in offset to plaintiff’s account. A jury having been summoned to try the cause, the defendant saw fit to withhold from them his book, and offered no evidence in support of his offset, and the jury returned a verdict for the plaintiff of $2,57, and the justice rendered judgement…
2Cited by2 opinions
- George W. Scott & Co. v. SampsonSupreme Court of Vermont · 1837
- Catlin v. AikenSupreme Court of Vermont · 1832