Cole v. Champlain Transportation Co.
Supreme Court of Vermont
Book Account. The auditor reported, that in the month of June, 1851, the plaintiff was the owner of a large quantity of wood, then cut and lying on Valcours Island in Lake Champlain. That part of said wood was piled on the east shore of the isl- and on Sloop Bay, so called, and part on the west shore, and a part in the wood and pasture of said island.
Read the full summary
Book Account. The auditor reported, that in the month of June, 1851, the plaintiff was the owner of a large quantity of wood, then cut and lying on Valcours Island in Lake Champlain. That part of said wood was piled on the east shore of the isl- and on Sloop Bay, so called, and part on the west shore, and a part in the wood and pasture of said island. That sometime in the month of said June, the plaintiff, and one Oscar A. Burton, the president of the said Champlain Transportation Co., in whose behalf he acts in the transactions herein detailed, and Cyrus Boardman, then in the employ of the…
1Opinion of the Court
By the Court.
In this case we are inclined to hold, that according to the case of McGlynn v. Billings, 16 Vt. 329, the plaintiff was bound to consider the money, which he received, in full of the bill upon which Burton offered to pay it. It may sometimes *93happen that parties may differ, as to whether a certain amount paid is to be received in full of a certain claim, and it may be difficult to determine whether the one or the other party may not have yielded more or less, from their original pretentions; but here there is no reason to raise any question. And as the money did pay the principal,…
2Cases cited1 opinion
- McGlynn v. BillingsSupreme Court of Vermont · 1844
3Cited by9 opinions
- McDaniels v. President of the Bank of RutlandSupreme Court of Vermont · 1857
- Preston v. GrantSupreme Court of Vermont · 1861
- Leonard v. DavisSupreme Court of the United States · 1862
- Rose v. American Paper Co.Supreme Court of New Jersey · 1912
- Towslee v. HealeySupreme Court of Vermont · 1867
4 more not listed; retrieve them via the Exa API.