Josiah Bigelow & Co. v. Walker
Supreme Court of Vermont
Book Account. Judgment to account was rendered in tlie county court, and an auditor appointed. The facts reported by the auditor sufficiently appear in the opinion of the court. The county court, August Adjourned Term, 1851, — Pierpoint, J., presiding, — rendered judgment upon the report for plaintiffs. Exceptions by defendant. The plaintiffs received the cloth and had it receipted to themselves, had it sold, but rendered no account of sales.
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Book Account. Judgment to account was rendered in tlie county court, and an auditor appointed. The facts reported by the auditor sufficiently appear in the opinion of the court. The county court, August Adjourned Term, 1851, — Pierpoint, J., presiding, — rendered judgment upon the report for plaintiffs. Exceptions by defendant. The plaintiffs received the cloth and had it receipted to themselves, had it sold, but rendered no account of sales. The auditor finds that the cloth was worth eighty-seven and a half cents per yard, and the defendant is only credited with about half that sum per yard.…
1Opinion of the Court
The opinion of the court was delivered by
Boyce, Ch. J.
Several questions were presented by the auditor’s report in this case which are now waived; and the only matter at present in controversy is a claim on the part of the defendant, to be allowed the amount of his charge for 204 yards of cloth, or a sum considerably larger, at least, than the amount credited by the plaintiffs for the proceeds of the same cloth.
The defendant insisted before the auditor, that the cloth was delivered to the plaintiffs upon a direct sale at its market value. But such a sale is negatived by the report; and the…
2Cited by3 opinions
- Logan v. Stephens CountyTexas Supreme Court · 1904
- Gunn v. BlackCourt of Appeals for the Eighth Circuit · 1894
- Halsey v. BirdCourt of Appeals for the Fourth Circuit · 1900