Book Description

This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1831 edition. Excerpt: ...the matter (as they may be), it is the duty of the auditors to decide upon the whole examination and proofs, as the weight of the testimony may require.3 A confession ofjudgment to account, in an action on book account, does not conclude the defendant as to any article charged, or prevent him from questioning before the auditor, the propriety of a recovery therefor, in the form of action established in Vermont.4 A transfer and delivery of the articles charged, are, in Vermont, essential to the validity of the charges, without which no action of book account can be sustained upon them.5 And the right to make the charge on book must exist at the time of delivering the article, or performing the service, and cannot, depend upon the happening of subsequent events.6 Where there is a contract of sale, which is not executed by actual delivery, the action of book account cannot be sustained.7 Where the action is instituted for articles delivered which have latent defects, the-value of the articles is the legal rule of damages, and not the customary jzriee of the articles, unless controlled by a special agreement of the parties.8 As to the effect in Vermont of erasures and alterations in an original book account, --they do not destroy its character as an original: such book being competent evidence before auditors, and the erasures, Sac. go to its credit only.9 As to what charges are recoverable in Vermont, under the F Stevens v. Richards, 2 Aiken, 81. 9 Sargeant v. Pettibone, 1 Ibid. 355. statute which gives the action of book account, it has been held, that a charge for /zosmges, made by a person while postmaster, can be recovered.1 Fees for services, as justice of the peace, are also proper subjects of book charge, and are recoverable in the..