Burlington free press. [volume] (Burlington, Vt.) 1827-1865, 1853-11-11

John Cocks, William Radford 4 Thoma,
Cullyor.
CnlrTESDES COUNTY Corhr Sept. Term, 4. d. 1853.
fBNiiE said plaintiff having entered at the March
L Term \. d. 1873 OF said court, u n action OF ac-
c'unt sainst the said defendants as partners. al
irdsnS ~ substance, int the said defendants and
tnt SAID plaintiffs at Burlington on the second day
OF july y. d. 1892, and for long time thereafter
to wit, the space of six months were partners in
the business IF running upon the waters of Lake
Champalu, from Whitehall, New York. to RouSc's
P"lIt, certain boats Tor freight and pl,s"n gers to
wit the boats of the said plaintiff called the Fan
els HaltuS a9d the United states g.: and the boat of
the sand defendants, called the X. W Shcrma n
upon certain aud special and mutual terms and
agreements. then and there made by and between
the Said plaintiffs and the said defendants that j.
To say, tie sand defendants agreed with the said
plaintiffs u run, at their expense, the boat X
W sherman on said Lake Cham plain. makng its
usual daily trips from said Whitehall! to said Roisc's
Foiut and carrying the United States Mail for the
Soid p!alntii tree OF charge, during the OF
navigation said Lake for lej2, if so long they or
either of them should have control of said boat ;
and the said puintit agreed with the said defend
ants 10 run, at its own expense. on said Lake the
boats Francis Saltus and United states. making
their usual daily trips from said Whitehall to said
Houses Point, carrying ght and passengers the
Francis Saltus to run during the week in which the
agreement was made, and the United State to run
a. long rs the said defendants should run the r.
W sherman And the said plain,iT and the said
defendants agreed to share equally in the gross
earnings of the said boats, during the time aiore-
said and the said plaintiff ayers that the said de-
PENDANTS did have the control Of the boat X. W .
sherman from the 2ud day Of June until the close of
navigation ON said Lake, and that said boats were
run during said time in pursuance of said greene
and that the said defendants have received more
than their just share of the gross earnings of the
said boats during said time, to wit the sum of twenty
thousand dollars
And whereas, it has been made to appear to the
court that at the time Of the service of the writ in
tins action the said defendant, Collycr, was not
resident of this State and has had personal not
q" the pcndcncy of this suit, and has not appeared
therefore, it is ordered by said court that tie said
cause stand continued until March 1884, the term
of said court next to he held at Burlington, on the
last Tuesday save one of March A. ID. 1854, aud
that said Cpllyer be notified to appear at said term
and answer to said suit, by the publication Of the
substance Of the declaration in said action, and this
order in the Burlington Free Press, u newspaper
printed at Burlington, three weeks successfully the
last of which publications siIu be at least three
weeks before said March Term 1854
Dated at burlington this fourth day Of November
A. D. 1888
D. b, BUCKLEY, Clerk.
GEORGE +. EpMuSDs, Any for Plaintiff. w2Ow3