Phelps v. Paris
Supreme Court of Vermont
This was an action on book account. On the hearing upon the auditor’s report, at the March Term, 1866, Kellogg, J., presiding, the court decided that the facts stated in said report constituted a defence to the whole of the balance reported as due from the defendant to the plaintiff on book account, and that the defendant was entitled to a judgment against the plaintiff on the report, and rendered judgment in favor of the defendant against the plaintiff on the report…
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This was an action on book account. On the hearing upon the auditor’s report, at the March Term, 1866, Kellogg, J., presiding, the court decided that the facts stated in said report constituted a defence to the whole of the balance reported as due from the defendant to the plaintiff on book account, and that the defendant was entitled to a judgment against the plaintiff on the report, and rendered judgment in favor of the defendant against the plaintiff on the report accordingly. To this decision and judgment the plaintiff excepted. The facts found by the auditor are stated in the opinion of…
1Opinion of the Court
The opinion of the court was delivered by
Wilson, J.
This action is brought to recover a balance claimed to be due the plaintiff for keeping and pasturing the defendant’s sheep and cattle during the season of 1863, and the question is whether the facts reported by the auditor constitute a valid defence.
The auditor in his report says there is due and owing from the defendant to the plaintiff to balance book accounts between them the sum of $41.43, if upon the facts found by him, the plaintiff, is entitled to recover. It appears that about the first of May, 1863, the defendant made a contract…
2Cases cited2 opinions
- Hall v. AdamsSupreme Court of Vermont · 1826
- Town v. LamphireSupreme Court of Vermont · 1863
3Cited by1 opinion
- Sargent v. SlackSupreme Court of Vermont · 1875