Downer v. Dana
Supreme Court of Vermont
Appeal from the court of chancery.- The orator set forth, in his bill, that, in the spring of 1838, the defendant Dana had a draft upon a firm in Worcester, Massachusetts, for about the sum of $3821.00, and that an arrangement was made between Dana, the orator and the defendant Baxter, by which the orator and Baxter were to receive the said draft, and use the avails thereof for their individual benefit, and account severally to Dana for the amount received and used by each…
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Appeal from the court of chancery.- The orator set forth, in his bill, that, in the spring of 1838, the defendant Dana had a draft upon a firm in Worcester, Massachusetts, for about the sum of $3821.00, and that an arrangement was made between Dana, the orator and the defendant Baxter, by which the orator and Baxter were to receive the said draft, and use the avails thereof for their individual benefit, and account severally to Dana for the amount received and used by each respectively; that Baxter received, of the avails of the draft, about $1580.00, and the orator received the balance; that…
1Opinion of the Court
The opinion of the court was delivered by
Redfield, J.
The object of this bill is to obtain a set off of the separate debt of Dana against a judgment, which he has recovered against the orator and Baxter. The fact that the claim, out of which the judgment arose, was the joint debt of Downer and Baxter, is conclusively settled, as to these parties, by the judgment itself. The parties being the game here as in the suit at law, their different position, as to being plaintiffs and defendants, will not enable them again to litigate that question.
The facts in the case, which are admitted…
2Cases cited3 opinions
- Simson v. HartCourt for the Trial of Impeachments and Correction of Errors · 1816
- Dale v. CookeNew York Court of Chancery · 1819
- Ferris v. BurtonSupreme Court of Vermont · 1829
3Cited by7 opinions
- Drexel v. BerneySupreme Court of the United States · 1887
- Willoughby v. BallSupreme Court of Oklahoma · 1907
- Blake v. LangdonSupreme Court of Vermont · 1847
- Graham v. MeddlebyMassachusetts Supreme Judicial Court · 1913
- McDonald v. SmithSupreme Court of Vermont · 1885
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