Cass v. McDonald
Supreme Court of Vermont
Book Account. This action was tried in the county court, on a special report of the auditor, at the December Term, 1865, Wij.son, J., presiding, and the court rendered judgment on the report for the plaintiff to recover the sum of $7.59, to which decision the defendant excepted. The facts found by the auditor are sufficiently set forth in the opinion.
1Opinion of the Court
The opinion of the court was delivered by.
Baeeett, J.
This is an action on book, in which, before the auditor, the plaintiff presented a running account against the defendant, commencing in 1855 and closing in 1863, consisting of thirty-two items; and the defendant presented an account in offset commencing in 1852 and closing in 1862, consisting of twenty-eight items.
One item of the plaintiff’s account was for five and one-half days work in October, 1858, for which the auditor finds the plaintiff entitled to have $8.25. The defendant seeks to apply $7.50 of this sum on a note for some $10.…
2Cases cited2 opinions
- Robinson v. DoolittleSupreme Court of Vermont · 1840
- Stone v. PulsipherSupreme Court of Vermont · 1844
3Cited by1 opinion
- Nelson & Wallace v. GibsonSupreme Court of Vermont · 1916