Davis v. Waterman & Noyes
Supreme Court of Vermont
This was an action of book account, commenced before a justice of the peace, and appealed to the county court, where judgment to account was rendered, and an auditor appointed, who reported that the plaintiff’s account occurred under the following circumstances; to wit. — • John B. Huntoon was indebted to Waterman and Noyes in the sum of $130,00, to Strong and Delano $80,00 and F. A. Munson $40,00. Huntoon fraudulently deeded his farm and caused his personal property to be…
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This was an action of book account, commenced before a justice of the peace, and appealed to the county court, where judgment to account was rendered, and an auditor appointed, who reported that the plaintiff’s account occurred under the following circumstances; to wit. — • John B. Huntoon was indebted to Waterman and Noyes in the sum of $130,00, to Strong and Delano $80,00 and F. A. Munson $40,00. Huntoon fraudulently deeded his farm and caused his personal property to be attached upon two writs returnable in Washington. Delano and Waterman were both absent, having gone to Boston. The clerk…
1Opinion of the Court
The opinion of the Court was delivered by
Collamer, J.
The question, in this case, entirely depends on the extent of the power of the clerk of Waterman & Noyes, under the circumstances, then existing.
That the clerks, in our country stores, with whom are left the goods and demands of our merchants, have charge of both, and, in the absence of the principals, have power to receive pay on the demands, and to institute suits for their security, where an emergency arises, there can be no doubt, and it is conceded in this case. It is generally done. It was done by the clerk in this case, and was…
2Cited by5 opinions
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