Public-domain · open source
OpenJurist

25 Vt. 502

Cooper v. Parker

Supreme Court of Vermont

Decided April 15, 1853

Supreme Court of Vermont · decided 1853-04-15

Book Account. Judgment to account was rendered in the County Court, and auditors were appointed, who reported suhstan tially the following facts: That they found a balance of $208 12 due to the plaintiff, if the plaintiff’s account was not barred by the statute.

Cited by 1 later decisions — most recently August 1865

1 state decisions

Relies on Williams v. Finney · Blake v. Parleman

Good law ✅— No negative treatment on recordhow we know

Decided 1853-04-15

View the full empirical analysis of this case →

¶1The opinion of the court was delivered by

Redfield, Ch. J.

¶2In this case, the only question is, whether the defendant’s acknowledgments were sufficient to remove the bar of the statute of limitations, of plaintiff’s account. The auditors . not only report repeated admissions of the defendant, of the subsistence of an unsettled book account "between the parties, which the defendant was willing to settle, which was all that existed in Blake v. Parleman, 13 Vt. 574; but in addition, that the defendant, before the time of the bar attaching, and when the plaintiff expressed apprehension on the subject, expressly promised the plaintiff, “ that the statute of limitations should make no difference ; that he and the plaintiff would look over their accounts, and what was due, plaintiff should have.”

¶3Now this possesses all the requisite of a sufficient acknowledgment, to remove, or prevent the operation of the statute of limitations.

¶41. It admits an unsettled book account. 2. The defendant’s willingness to settle it. 3. The determination to pay the balance due. 4. This was made under circumstances leading fairly to the conclusion, that the plaintiff was thereby induced to let the claim *505rest, until prima facie barred by tbe statute. Tbe ease is stronger than any in our reports. Williams v. Finney, 16 Vt. 297, is far less satisfactory, and was held sufficient.

¶5Under all these circumstances, it would be impossible to doubt, tbe finding is sufficient to remove tbe bar.

¶6Judgment affirmed.

/25/vt/502 · .json · Public domain