Kingsland v. Adams
Supreme Court of Vermont
This was an action of book account, which had been referred to an auditor, who reported, that the only item of charge in the plaintiff’s account was for a horse, at forty-five dollars; that the horse was sold in December, 1835, and that the charge was not made on the plaintiff’s book till May, 1836. The report was in favor of the plaintiff, and was accepted by the county court.
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This was an action of book account, which had been referred to an auditor, who reported, that the only item of charge in the plaintiff’s account was for a horse, at forty-five dollars; that the horse was sold in December, 1835, and that the charge was not made on the plaintiff’s book till May, 1836. The report was in favor of the plaintiff, and was accepted by the county court. Exceptions by the defendant, In the case of Ames et al. v. Fisher, decided by this court, in Windham county, in 1817, it was held, that a domestic spinning jenny, the only charge on the plaintiff’s book, could not be…
1Opinion of the Court
The opinion of the Court was delivered by
Williams, Ch. J.
Ail attempts to establish any general rule, as to what may or may not be charged on book, have failed. It would be absurd to say that the action might be maintained to recover the price of one or two sheep or cattle, and not for a horse. The case in Brayton’s R. 39, where the court decided that an action on book could not be maintained, when the only charge was a domestic spinning jenny, was. made at a time when the nature of the action had not been as much investigated as it has been of late. The grounds on which the court proceeded…
2Cited by2 opinions
- Loomis v. WainwrightSupreme Court of Vermont · 1848
- Silver v. WorcesterSupreme Judicial Court of Maine · 1881