10 Vt. 231 | Vt. | 1838
The opinion of the Court was delivered by
— The plaintiff’s account is for boards or lumber, delivered in 1830. The defendant insists that this lumber was delivered in payment of a note, then held by the defendant against the plaintiff, payable in lumber. If a payment be made on an existing debt, it cannot be recovered
Whatever may have been the ultimate designs of the parties, whatever- might have been intended finally to be done, we cannot say the lumber, when delivered, was actually in payment at the time.
Judgment affirmed.