Legal Opinion

Strong v. Slicer

Supreme Court of Vermont

Decided November 15, 1861PublishedCited by 7 opinions

Assumpsit on the common counts. Plea, the general issue. Trial by jury at the May Term, 1861, in Lamoille county, Aldis, J.., presiding. The account of the plaintiffs for which the suit was brought, consisted of about twenty items, and began in 1850. The plaintiffs were partners in managing and carrying on a farm and its stock, from 1849 to the time this suit was begun.

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Assumpsit on the common counts. Plea, the general issue. Trial by jury at the May Term, 1861, in Lamoille county, Aldis, J.., presiding. The account of the plaintiffs for which the suit was brought, consisted of about twenty items, and began in 1850. The plaintiffs were partners in managing and carrying on a farm and its stock, from 1849 to the time this suit was begun. The defendant, a neighbor of the plaintiffs, ,was not able to read or write, — hence kept no accounts, and was in' the habit of frequently settling up and squaring his dealings with his neighbors, and was able to pay, and…

1Opinion of the Court

Poland, Ch. J.

The evidence of the defendant in relation to the Meigs debt, and the negotiation between the defendant and one of the plaintiffs, for the settlement of it, was properly admitted. If the defendant was at that time justly indebted to the plaintiffs, in a greater amount than' the defendant had paid them, it was singular that the plaintiffs should promise to pay it, and endeavor to have the defendant take his pay in cloth, and allow him to sue and collect it* without making some effort or proposition to apply it upon their debt against the defendant. The fact that they did not…

2Cited by7 opinions

  1. Houston v. Brush & CurtisSupreme Court of Vermont · 1894
  2. Gilfillan v. Gilfillan's EstateSupreme Court of Vermont · 1916
  3. Stidham v. O'neals' Adm'rCourt of Appeals of Kentucky (pre-1976) · 1932
  4. Page v. HazeltonSupreme Court of New Hampshire · 1907
  5. McDowell v. McDowell's EstateSupreme Court of Vermont · 1903

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