Scott v. Lance
Supreme Court of Vermont
Book Account. Judgment to account was rendered, and an auditor was appointed, who reported the facts substantially as follows. The plaintiff’s account was allowed at $82,81. The defendant presented an account in offset, and, among other things, charged to the plaintiff the amount of certain notes and accounts, against different persons, which he had delivered to the plaintiff, who was an attorney, to collect.
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Book Account. Judgment to account was rendered, and an auditor was appointed, who reported the facts substantially as follows. The plaintiff’s account was allowed at $82,81. The defendant presented an account in offset, and, among other things, charged to the plaintiff the amount of certain notes and accounts, against different persons, which he had delivered to the plaintiff, who was an attorney, to collect. Upon these charges the auditor allowed to the defendant such sums as he found had actually been collected and received by the plaintiff. It appeared, that it had been agreed between the…
1Opinion of the Court
The opinion of the court was delivered by
Poland, J.
All the questions raised in this case arise upon the account of the defendant, produced in offset to the plaintiff’s account.
1. The first class of cases objected to consists of charges for money collected by the plaintiff on demands put into his hands by the defendant. It is undoubtedly true, that, when demands are placed in the hands of an attorney, or of any other person, for collection, without any agreement as to the mode of accounting therefor, so that the party must seek his remedy by the general rules of law merely, the money cannot be…
2Cited by9 opinions
- Stoddard & Son v. Village of North TroySupreme Court of Vermont · 1930
- Gleason & Field v. L. T. Kinney's AdministratorSupreme Court of Vermont · 1893
- Kidney v. PersonsSupreme Court of Vermont · 1868
- Nedvidek v. MeyerSupreme Court of Missouri · 1870
- Nelson & Wallace v. GibsonSupreme Court of Vermont · 1916
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