Burlington free press. [volume] (Burlington, Vt.) 1827-1865, 1847-04-23
court Calendar.
cufTTEyDEN COUNTY.
CDunty Court.
Reported for the Free Press.

M1rch 2!ln
SrARp,Rp g. al I Moons Tins was an ouaita que
ol, to set aside Judgment rendered against the COM
,ainan,s hy Justice u the peace IN MI "cuo W us
ns.. upon the ground that one OF me conlhlhnr's
Chen DEFENDANT was n MINOR ny t'e ,, s "" H. y, ~;
,nani yvas rendered and appeared III mat SUI ny NJ
- rrbe Cur, Ia Id that as the suit was against
the three Jointly the infancy OF ri'ner uelt y, 'llt
ayo p, tn, III neat not oNlN as 70 ~ ",1t - III
,h.r twn and directed verdict Tor tie plantiH WIFI
nominal damages.
SKATER for the pl inns -.
kAssoy & UNDERWOOD Tor defendant
"A VALENTINE CHESTER PRATT This was an
action on the case for obtaining goods ny liauuueh'
renresentot,,,ls Ii appeared that the plan was Il
merchant IN New York, and the defendant VINO was
then doing business Charlotte, applied to nm TO pnr-
chase bill OF goods upon SIX months credit ne
nintifT moi knowing the defendant, enqured OF him
norcunrly IN relation TO his situation and clrcusta
ccs stating to him that he enqured Tor the purpose OF
ascertalnmg whether he could sell MN inc eoous VI
not The defendant in answer to these enquiries sa-
I that he mad stock OF g1oIs worth about SioJo-
about 5000 in valid notes an accounts.na ne WIS
doinna good business and owed Olly sou III ~ l.
and nothing in Vermont, or elsewhere, ana thal ne was
worth $1,000 over and above all debts Upon the iith
of these representations, goods were Delivered 70 nun
on credit 10 the amount Of about Sloo SnorHy a''er
the defendant returned from New ork, his property
y.ns attached by his father, who resided in Vermont,
on debt between $1,000 aud $1,000, due at the time
that the representations above stated were made, ana
subsequently sold upon eXecuti II. And IRON That
tune the defendant has been insovent and irresponsi-
bic The defendant denied making the representa-
tons charged and that the goods were delivered upon
the faith OF them Verdict for the plaintiff $4,000.
SMALLEY & PHELPS for plaintiff.
TICKER 81 kASsoN for defendant
CHAs Mills IIENRy w. CATLrH This was an
action upon the covenant against membranes III a
decd of piece of land sold by the defendant to the
palnth 1t appeared that at the time the deed was
executed the premises subject to life estate in
another person. In the deed the premises were des-
craed as all the land own" in certain place -
The defendant claimed that this description conveyed
ony the the defendant had IN the premises,
and that the life estate not therefore an ncum-
brance ON the land conveyed 50 as TO be within the
colepani But the Court held otherwise and lett the
qucs,iea cdamages 10 the jury Verdict Tor the plain
iii Sl6J
RUSSELL & PLArr for plaintiff
kAssJN Il lllcKJR for defendant.
March 30ih
Sr,Trr + GrYoTrE.-This was an indictment for
villa and malicious mischief IN throwing stone thro
The window of dwelling house in the night time. Yer
diet guilty. and sentence pay ilne oi $50 and cost
HIT Sut,, ATTY tor the prosecution.
SKATER, for respondent
STATE I CHAS CLEMENS This was mn indictment
Tor burglary and theft IN breaking into the Post Office
IN the night time and stealing money thercirum The
offence committed by the respondent and one
Morris negro. who became witness for the GOV,
ernn.e, and testified the thai. Verdict gully and
sentence 20 states Prison Tor years.
HUI. Sjaes. ATTY. N MAYNARD for prosecution.
CuWuSULN, Tor the respondent.
March 3lst
81 II Pr-K &; CO. IosErI SN;r1 This wasa1
action OF assumpslt upon two Enarautecsior 5000 land
10 dollars given by tr dceu liant TO thn plaintiffs for
goods L. b, sold tn the defendants son J. Snt r. 1t
appeared that Smith, j.. was contractor upon thr
Central RaIl Road, and applied to the plaintiff 5 to
purchase goods They requiring guarautee. he pro-
cured one from his father for the amount u 900 dollars
and took goods at different times 10 the amount OF that
guaIanty and about 800 over. GA being again cal
led on Tor guaralUee by the plaintiff he obtained an
other from the defendant for tn: amolut OF $50 and
toos goods TO an amount exceeding that sum, and
king due TO the plaintiffs in all about $500 At this
time h. made payment 10 the plaintiffs OF 800. THIS
payment the plaintiffs claimed was agreed TO be APP
lcd 10 that pat ct the debt then due and covered
by tue guarantee, and the balance to remain in tn.
hands OF tie plaintiffs as payment IN advance for goods
10 be Subsequently supplied. And il appeared that
plaintiff. did after that sell ] Smith IT, goods on credit
10 a considerable amount On the part OF The defend
AM It was claimed that the payment Of 500 was en-
Iessy agreed when made, to be applied to the payment
o TINT portion oi tue debt due covered by the defend
ana gahaulrcs IN order to relieve the defendant ON
lis responsibility And on tins point the evidence was
cl';" lins. in' pat1tiits also claimed 10 recover
under the general for small bill OF hams claim
Ell To have been sold defendant, which he denied hny
in- purchased or had. The Count charged that the
ellanteeS from their terms were not continuing and
oIy made the de!cAdlnt responsible for goods ii Ia
k,dup upon thrm To their respective amounts. That
as to tle Payment OF 500 the debtor would haze a
I5n 10 direct at the time Il was made, how it should
be dqpIci II the debtor directed no appcat ton the
ceHo would have right TO apply 1t. aud it neither
ps 'y applied H. the law would apply that 10 ton
'ne atcnuIt St dIr, AMI r,t 1t To the nav H. saw
w44t application, II any agreed on as also whether
iIs huns c.alueI Tor hal been sold to defendant
Verdict Tor defendant.
PECK AMI PLArr * PECK for plaintiffs
SdALLLl X PuELrS Tor defendant
PlNERlY admire JosEPH CoRBErrLI and two
ours hts WIS m actul OF rncn for water lots
No 10 al Al n BIllnuoA Ia. deien liant Cor
orle claimed title by the ui limitations and the
oidr deirnI lnts denied b,la in possession OF the
premises Verdict for plaintiff Va Jos,pa Corbee for
penses except roIs deep OF lot AZ.
Mason x SMALLEY for plaintiff
A PECK " EsToN Tor defendants
April lst.
SrArrr T CHAMBERLAIN-This WINS an Indictment
Tor nnsance in house owned by the resi- on lent sit
uaied at the corner OF Main and Pine Streets IN Bur
An1tnu, and claimed 10 be disordely and in "A filthy
condition. For the defence it was shown that the
house was IN possession Of tenants, who held under
leases from the respondent, and it claimed that
undrr these circumstances the respondent not t-
Or ipf tn nuisance ii any existed Considerable
thony was introduced on both sides as to the condi
ton and character OF the hous,. rne Court charged
Tor the purposes OF the trial that under the crcumsan
ces shown, the respondent liable and under this
direction the Jury found the respondent guilty upon two
counts OF the Indictment and not guilty upon the rest
HILL, States Atty Il ADAMS for prosecution
"A PECK and SMALIEY * PuEIp S for resnonden,