Gleason v. Briggs
Supreme Court of Vermont
Book Account. The disputed items in the plaintiff’s account, which were passed upon in the supreme court, were as follows.
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Book Account. The disputed items in the plaintiff’s account, which were passed upon in the supreme court, were as follows. Newell Lyons account, $33.60 Bal. on execution, S. Churchil v. you, 4.07 Fees on same, 2.38 Bal. on execution, Shepherd v. jo% 1.27 Fees on execution, Blodgett v. you and Jones, 2.66 Setting off land at your request, in the case of . Thrall v. Briggs et ais., 11.12 Interest, The auditors reported that Newell Lyons was a lawyer who, in 1834, was indebted to the plaintiff and had in the hands of the plaintiff, as deputy sheriff, certain executions upon which the plaintiff…
1Opinion of the Court
The opinion of the court was delivered by
Redfiebd, Ch. J.
The claim for what Lyons owed the plaintiff, seems to be a valid claim, upon two grounds. It seems to have been a part of the contract of purchase, of the balance of the executions due to Lyons, that what Lyons owed the plaintiff should be deducted; and we do not see why the plaintiff had not a right to retain that, and only account to the defendant for the balance. And without this, if the defendant consented to have it charged to him, and the plaintiff consented to do this, it would become an original undertaking on the part of the…
2Cases cited3 opinions
- Hopkinson v. SearsSupreme Court of Vermont · 1842
- Hutchinson v. ParkhurstSupreme Court of Vermont · 1826
- Burroughs v. WrightSupreme Court of Vermont · 1847
3Cited by6 opinions
- Vermont & Canada Railroad v. Vermont Central RailroadSupreme Court of Vermont · 1861
- Grapes v. RocqueSupreme Court of Vermont · 1923
- Blodgett's Estate v. Converse's EstateSupreme Court of Vermont · 1888
- Miller v. LynchOregon Supreme Court · 1888
- Breemer v. Burgess, Washington Territory1884
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