Vermont phÅ“nix. [volume] (Brattleboro, Vt.) 1834-1955, 1848-10-13
Wiudbam County Court.

ms was an action on Pfohiso " 'lue.hiy
for signing $500 note. No question OF interest
was raised, and tho case went TO the Jury without
argument. Verdict for the Plaintiff
For Plaintiff, e. X Field, w, Z. Bradley and a.
Reyes. For Defendant o. L. Shsfier'
Francis Holbroot vs.. Gates Perry, Jr.
This was an action Of trcspass against the De
PENDANT, for taking quantity OF calf skins dressed
and undrcsscd rs the properly Of Henry Sihde' upon
an attachment against Sade. The shin, were puf'
chased by Shade, aud were being dressed In n shop
occupied by him. The Plaintiff produced testimony
tending 10 show that he advanced to Sladc some
$3.50, 20 buy skins with to tan for him, and that
these particular skins were purchased Tor him aud
with his money.
This Drfentaut produced testimony tending to
show that the advance was loan merely, and that
the prctcnce Of SHADES agency for llolhrook in ear
ryiny on tic bugincss was for the purpose Of pro-
iccing the property from SHADES creditors.
Verdict for Defendant
For Plaintiff, Stoddard 6 SKATER. For Defend.
ant, Walker & Kellogg, and w. {. Bradley
Caroline c. Fey vs. Hiram Bailcin and Free
man Vymdn.
Trcfpnss for taking wagon which was attached
by the Plaintiff, rs the property Of one Cumming.
The Plaintiff introduced testimony tending to
show sale Of the wagon from Cummings to him,
and u subsequent change Of possession.
The Defendants testimony tended to prove the
sale fraudulent aud collusive.
For PlnntiG, X. w. Smith and J Roberts. For
Defendant, Pliny White and c. !. Walker.
STATE vs. Ebeneser allen and Cheseifon Alien.
This was m Indictment against the Defendants
for impeding and hiuderiug an officer in making an
attachment Of the properly Of Cheselion Allen.
The testimony tended TO show that Baldwin, the
Constable Of sifsiion, had note agans, Chsselion
Allen aud with il went to his house, attached some
property and among the rest four calves. Baldwin,
Ftw he autn
the highway when he was met by the respondents
that Cheselton Allen swore the calves should not
20, and raised his hands; and that Ebencrer Allen
told the officer TO stop, that he was burning his fin.
gers for the calves were Billiards. The calves took
fright at what was said and done, and escaped from
the officer No aiempt was made TO recover them
and the parties to Nc suit Immediately settled Il
was insisted uponitc part ~ the Respondents, that
it did not sufficiently appear that they knew the
property had been attached and also that there wa,
no intention to impede OF hinder the officer IN the
discharge o. bis duty, hut merely to caution him
not TO burn his fingers"
Verdict 81 not guilty a. TO EleneIer Allen and
guilty ~ to Cheselion Allen.
For State T. kirkland States Attorney. Foi
Respondents, J. +. Butler and c. /. Walker
!Saie vs. Absl and Francis Burden
This was prosecution for breach 81 the Liccns,
law. The offence WIS proved. and the only ques
ton raised was rs TO the cons,iuonaliy OF the Law
question had been fully argued before the suprcm,
Court In Washington county, last winter, Judg'
Kellogg being present, il was not now argued The
Court charged the Jury that they were 10 consider
the law as constitutional Verdict Of guilty
For State, T.. kirkland. For Respondents, Walk
or Kellogg.
Rufus c. Seayle Us Sopironid TRdyer.
This was an action on n contract for building
house at Calptvillc, Mass 10 recover balance al
lodged 10 be due to Plaintiff. the builder. The de
fence was that the contract had not been performed
but it appearing that Defendant had, by her sgeni
moved into the house, and made payments upon thu
contract after that time the Court charged the Jur,
TINT il acceptance Of the house, and waiver O
all Objections TO the non-performAnoe Of the con
tract. Nrnlici for the Plaintiff,
For Plaintiff, A. q. keyes and w c. Bradley
For Defendant Walker Kellogg.
!S,d'e ". RosreP Goodsnough.
This was an indictment for selling spiriinoua II
quor without license, Il was proved by twC
at certain ,ha. ,s's Al ssS., % sf he Fs
pendent, OF ono Field, vi paid for il. The STAT,
rested In behalf Of the Respondent, 1t was proved
BY Field that he sold the liquor not only without
the orders but against the orders Of the Respondent
Verdict not guilty.
For State f. kirkland For Respondent, Brad
ley 6 CLARK
Henry Salisbury W. Jonas r, SocltreH and
William BroVn.
This was an action Of irespass against the De
PENDANTS for shooting two sheep, the property o.
the Plaintiff. The evidence was circumstaniial and
the trial occupied day and a half Tie jury wer,
out but few minutes, and returned q venlict o
guilty.
For Plaintiff f. Kirkland and c. J. Walker. Fol
Defendant, A. keyes, J. d. Bradley, o. l.. shafler
Nm. H. Horland vs. Pdu Chase and Tr.
This was nm action brought by Plaintiff as Gu
dorscc OF certain notes against Paul Chase en-
dorser. FHr
The notes were drawn by Kcndrick Dayi, 6 Co.
Of New York city, at New York, and there endorsed
! he execution Of the endorsement being admitted
the Plaintiff produced the protests Of the Notary
showing demand at certain places in the city Of
New York said to lie formerly the places Of business
Of the makers Of the note, and subsequent notice to
the endorscr.
The Defendant offered as a witness one Of the
makers Of the note. He was objected TO by Plain
till upon the ground that he interested in the
result and would be liable to the cndorser for any
costs made in this suit IL the Plaintiff succeeded IN
recovery: The Court over-ruled the objection
The testimony OF the witness tended TO show that
the places named In the protest as where the de.
lnand was made, were not the places of business Of
the makers OF the note, and that the residence of the
makers in New York was we'll known to the Plain,
Tiff, so that demand might have been made Thn,
the notes were accommodation notes, made and en-.
dorSed for particular purpose aud that they were
"NN'fNN $3.50 loee anu puattu 10 tlc IlAln-
tiff as collateral security for pre-exstins debt due
him from kendrick Davis Co, without any new
consideration.
The Court directed the Jury to return verdict
for Defendant
For Plaintiff, f. Kirkland and w. c. Bradley.
For Defendant, A. Reyes and Mr. Lawton Of n. Y.
0rren Sii'es VS.. Joseph Hammond.
This was an action Of irover for f,ur hundred
slabs. The facts were agIccd upon as follows: The
Plaintiff, in January, A. d. lsi6, drew TO Defend
ants mill 100 logs, which Defendent contracted 10
saw ut a stipulated price per thousand n. of boards
That Defendant sawed the logs and Plaintiff maid
the stipulated price. There were made from sai,
logs 400 slabs which Defendant Appropriated N b;s
own use. The latter offered to prove that Inv To-
cal usage in Wardsboro and its vicinity, The saw.
yer entitled TO the slabs under such contract.
as the one in this case.
TO the introduction Of testimony for the nprDo.e
Plaintiff objected but the Court over.rnled III oh
lection and admitted the testimony
Testimony was introduced tending 10 proye that
such usage existed in the vicinity and also Of n
particular usage at this mill, and that known 10
Plaintiff. There was conflicting testimony unon
the point Of general usage.
The Court charged the Jury that IL they found
any usage like the one conended for general In jts
character in the vicinity, IL they found partics,
lar usage at Defendants mill, and that known N
Plaintiff they would find veSSiict for Dcfcndant-~
otherwise for Plaintiff. Verdict for Defendant