Rodney v. Warrington

Superior Court of Delaware

Rodney v. Warrington

1 Del. 148

DecidedJuly 1, 1855

StatusPublished

This text of 1 Del. 148 (Rodney v. Warrington) is published on Counsel Stack Legal Research, covering Superior Court of Delaware primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Rodney v. Warrington, 1 Del. 148 (Del. Ct. App. 1855).

Pincite

Opinion

By the Court:

We are satisfied that the evidence before the referees clearly established the payment of the eighty [149]*149dollars by Burton, the deceased, to Warrington, the plaintiff in the action referred, although it is not clear that there was a settlement of the accounts between them at that time; and the conclusion to which the Court has come is this,—to set aside the report, unless the plaintiff Will now consent to enter a credit for that sum with interest from the date of its payment, but if he consents to do so, to confirm the report.

E. D. Cullen, for plaintiff. C. S. Layton, for defendant.

The plaintiff consented, and after deducting the credit the report was affirmed.

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By the Court:

We are satisfied that the evidence before the referees clearly established the payment of the eighty [149]*149dollars by Burton, the deceased, to Warrington, the plaintiff in the action referred, although it is not clear that there was a settlement of the accounts between them at that time; and the conclusion to which the Court has come is this,—to set aside the report, unless the plaintiff Will now consent to enter a credit for that sum with interest from the date of its payment, but if he consents to do so, to confirm the report.

E. D. Cullen, for plaintiff. C. S. Layton, for defendant.

The plaintiff consented, and after deducting the credit the report was affirmed.

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Bluebook (online)

1 Del. 148, Counsel Stack Legal Research, https://law.counselstack.com/opinion/rodney-v-warrington-delsuperct-1855.