Randall & Durant v. Bacon
Supreme Court of Vermont
Book Account. The auditor reported that the first two items only of the plaintiffs’ account were properly charged, and that the plaintiffs should recover therefor, if the defendant had not made a good tender of the sum due; that the plaintiffs presented their account to the defendant, who refused to pay it, whereupon the plaintiffs made a' writ against him, and placed it in the hands of a sheriff, with instructions to serve it; and that afterwards on the same day, and while…
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Book Account. The auditor reported that the first two items only of the plaintiffs’ account were properly charged, and that the plaintiffs should recover therefor, if the defendant had not made a good tender of the sum due; that the plaintiffs presented their account to the defendant, who refused to pay it, whereupon the plaintiffs made a' writ against him, and placed it in the hands of a sheriff, with instructions to serve it; and that afterwards on the same day, and while the writ was so in the hands of the sheriff unserved, the defendant made a tender to the plaintiffs of a sum sufficient…
1Opinion of the Court
The opinion of the court was delivered by
Ross, J.
The amount tendered the plaintiffs by the defendant was sufficient to cover the sum found due them at that time by the auditor, unless they have the right to add the expense of the writ in this suit. The plaintiff's had sued out the writ and placed it in the officer’s hands for service, but the same had not been served at the time the tender was made. The statute (Gen. Sts. c. 125, s. 7) provides, that after a suit has been commenced, a tender, to be effectual to bar further costs, must be sufficient to cover the debt and costs that had accrued…
2Cases cited4 opinions
- Studwell v. CookeSupreme Court of Connecticut · 1871
- Kirby v. JacksonSupreme Court of Vermont · 1870
- Retan v. DrewNew York Supreme Court · 1838
- Hull v. PetersNew York Supreme Court · 1849
3Cited by4 opinions
- Tracy v. Grand Trunk Railway Co.Supreme Court of Vermont · 1904
- Hill Et Ux. v. ScottSupreme Court of Vermont · 1928
- Davis v. Nelson's EstateSupreme Court of Vermont · 1901
- Jones v. AmesSuperior Court of New Hampshire · 1806