Edwards v. Golding
Supreme Court of Vermont
Book Account. Judgment to account was rendered in the county court, and an auditor was appointed, who reported the facts substantially as follows. The plaintiff presented an account against the defendants for 35,042 lbs. of scrap iron, at eighty seven and a half cents per hundred pounds, and gave credit for a note for $272,00, — claiming a balance, with the interest, of $38,15. The defendants then gave in evidence a bill of sale in the following words,— “ Messrs.
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Book Account. Judgment to account was rendered in the county court, and an auditor was appointed, who reported the facts substantially as follows. The plaintiff presented an account against the defendants for 35,042 lbs. of scrap iron, at eighty seven and a half cents per hundred pounds, and gave credit for a note for $272,00, — claiming a balance, with the interest, of $38,15. The defendants then gave in evidence a bill of sale in the following words,— “ Messrs. Golding & Peabody bought of J. W. Mills, 15 tons, 2 ‘ cwt., 2 qrs., 16 lbs. old iron, 87 1-2 cts. cwt. $264,83 ‘ 1146 lbs. old…
1Opinion of the Court
The opinion of the court was delivered by
Bennett, J.
Several questions have been raised in argument. It is claimed by the defendants’ counsel, that the action should have been brought in the name of Mills; that is, that the action cannot be maintained in the name of Edwards. It may be remarked, that the inquiry .is not, whether the action might have been maintained in the name of Mills, but whether the present plaintiff can have a right of action. It is said in argument, that, as the bill of sale states that the defendants bought the iron of Mills, it is conclusive upon the plaintiff; and that…
2Cases cited3 opinions
- Lapham v. GreenSupreme Court of Vermont · 1837
- Hutchinson v. PettesSupreme Court of Vermont · 1846
- Jarvis v. Barker's administratorSupreme Court of Vermont · 1831
3Cited by6 opinions
- Putnam v. McDonaldSupreme Court of Vermont · 1899
- Squires v. BarberSupreme Court of Vermont · 1865
- Barnes v. De FriesHawaii Supreme Court · 1918
- Heald v. WarrenSupreme Court of Vermont · 1850
- Eastern Railroad v. BenedictMassachusetts Supreme Judicial Court · 1856
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