Legal Opinion

Tobias v. Blin

Supreme Court of Vermont

Decided January 15, 1849PublishedCited by 4 opinions

Book Account. Judgment to account was rendered, and an auditor was appointed, who reported the facts substantially as follows.

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Book Account. Judgment to account was rendered, and an auditor was appointed, who reported the facts substantially as follows. The two first items of the plaintiff’s account were for one half of the earnings of a sloop, from September 10, 1838, to November 23, 1858. The plaintiff, on the sixth of September, 1838, was the owner of a sloop, then lying in Burlington Bay, and the defendant was a sailor, accustomed to navigating Lake Champlain ; and it was then agreed between them, that the defendant. should employ the sloop in the business of freighting for the remainder of the season, and be at…

1Opinion of the Court

The opinion of the court was delivered by

Royce, Ch. J.

As the plaintiff’s counsel has not urged the right to recover for those items in the account, which were disallowed by the auditor, we shall consider the claim as limited to the two first items of the account. It is contended, that for these items there can be no recovery in this form of action. The objection is, that the plaintiff and defendant were partners in the earnings of the vessel ,• or, at least, that the defendant was but the bailiff and receiver of the plaintiff, in respect of those earnings, and not his debtor in the ordinary…

2Cases cited4 opinions

  1. Ambler v. BradleySupreme Court of Vermont · 1834
  2. Hall & Chase v. J. & J. H. Peck, & Co.Supreme Court of Vermont · 1838
  3. Bowman v. BaileySupreme Court of Vermont · 1838
  4. Stone v. PulsipherSupreme Court of Vermont · 1844

3Cited by4 opinions

  1. Sheldon v. LittleSupreme Court of Vermont · 1940
  2. Farmers' Exchange v. BrownSupreme Court of Vermont · 1934
  3. Duryea v. WhitcombSupreme Court of Vermont · 1858
  4. Mason v. PotterSupreme Court of Vermont · 1854

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