Scott v. Montague

Decided January 15, 1844

Supreme Court of Vermont · decided 1844-01-15

Book Account. Controversy was had in the court below in reference to one item only of the plaintiff’s account, being for $25.00 which the defendant agreed to pay as difference between wagons exchanged by the parties. The auditor reported, in reference to it, that the defendant “ agreed to pay that sum, with interest, at one, two, or five years, at the defendant’s option,” and that .the defendant was to give his note for that sum, payable as before stated.

Good law ✅— No negative treatment on recordhow we know

Decided 1844-01-15

How this case has been cited

Cited by 4 later decisions — most recently December 1886

4 state decisions

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

View the full empirical analysis of this case →

¶1The opinion of the court was delivered by

Redfield, J.

¶2The auditor reports, in reference to the difference in wagons charged in the plaintiff’s account, that it was to have been settled by the defendant’s giving his note for the amount, “ payable in one, two, or five years, at his option.” No note has ever been offered or asked for, and the time has not now elapsed. We consider the contract to have been for a credit of five years, if the defendant did not otherwise elect. He has not been called upon to make any election, and has in fact made none. No recovery can be had for that item. Judgment affirmed..