Scott v. Shipherd
Supreme Court of Vermont
This case came before the Court on exceptions made to a report of auditors in an action on booh account. The report stated, “ That the defendants assented to the plaintiffs’ charges made directly against them as partners from the 20th day of May, 1824, to the 25th day of November, 1824, but objected to all charges subsequent to that time, and also to the charges made against John J. Shipherd, $ 167,17, and the interest on the same.
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This case came before the Court on exceptions made to a report of auditors in an action on booh account. The report stated, “ That the defendants assented to the plaintiffs’ charges made directly against them as partners from the 20th day of May, 1824, to the 25th day of November, 1824, but objected to all charges subsequent to that time, and also to the charges made against John J. Shipherd, $ 167,17, and the interest on the same. It appeared that the defendants were, during the time the said account accrued, carrying on the business of manufacturing marble at Vergennes : — That on the 16th…
1Opinion of the CourtWilliams, J.
pronounced the opinion of the Court. — The exceptions which have been taken to the report of the auditors assumed as a fact that the auditors have charged the defendants with a demand which was due from John J. Shipherd to the plaintiffs, and that this was done either on the testimony of said John, or in consequence of the directions of one of the partners after the dissolution of the partnership. If either of these facts appeared from the report, the objections to it Would be fatal. A man cannot by his own oath transfer a debt due from himself to another. Nor can a partner, after the…
2Cited by4 opinions
- Welch & Darling v. RickerSupreme Court of Vermont · 1896
- Potter v. ThompsonSupreme Court of Vermont · 1892
- Reirden v. Stephenson, Wright & ValleySupreme Court of Vermont · 1914
- Spencer v. Town School DistrictSupreme Court of Vermont · 1913