Greene v. Burton
Supreme Court of Vermont
Book AccouNT. Heard on an auditor’s report, September Term, 1886, Royce, Cb. J., presiding. Judgment for the plaintiffs. See W. O. Smith v. 0. A. Burton and E. A. Soioles, ante, 408, where is fully set forth the interest which these defendants had in the Glens Falls Shirt Factory, and their relation to each other.
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Book AccouNT. Heard on an auditor’s report, September Term, 1886, Royce, Cb. J., presiding. Judgment for the plaintiffs. See W. O. Smith v. 0. A. Burton and E. A. Soioles, ante, 408, where is fully set forth the interest which these defendants had in the Glens Falls Shirt Factory, and their relation to each other. The auditor found as follows, in part, as to whom the goods were originally charged to : ‘ ‘ I find that at the beginning of the account embodied in the specification upon the books of the plaintiffs there appears the words ‘ Glens Falls,’ ‘ Burton and Sowles,’ and that where the…
1Opinion of the Court
The opinion of the court was delivered by
Veazey, J.
We think the findings of the auditor should be construed as equivalent to the finding expressly of an original *425undertaking on the part of Burton. Previous to his promise the plaintiffs had furnished the ‘ ‘ shirt company or factory ” labor and materials on the credit of MacDonald, who was the proprietor of the business under the name of the Glens Falls Shirt Company, but had then refused to furnish any more on his account or credit. Burton and Sowles were interested in the business by reason of their loans to MacDonald and the character of…
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