Vermont phÅ“nix. [volume] (Brattleboro, Vt.) 1834-1955, 1855-10-06
LOCAL INTELLIGENCE.

County CoaTi.--scptembcr Term ls55.--Hon.
A. Underwood, presiding Judge; Hons. VIM. HAr-
ris and Emory wheelock, assistant Judges; Royal
Tyler. Clerk; John N. Baxter, States Attorney;
J. J. Crandall, Sheriff.
Gage, Lane & Chase vs.. John Wcod5urH.-
This case stood No on the docket but was trans
ferrei to the end Of the frst weeks assignment
II action Of Troyer against Wocdbarn, a
constable for the town Of windham to recover the
value Of quantity Of goods sold by the plaintifi
wholesale merchants in Boston, to one Iii $. Farr
Of wndham, in Sept. lsl9--the said Farr being
Peldler and having man in his employ whom be
sent out to pebble for him.
It appeared in evidence that Farr had purchased
goods Of Palmer, Gage Co, in April 1913. TO the
amount Of about 500. ON six months credit In
July Of the same year Gage, Lane Chase. the
successors Of Palmer. Gage 4 Co.. Palmer having
retirel from the firm, sold Rarr another bill Of
goods, amounting to about $40, on a note for six
months. On the 10Th Of September following.
Farr applied to the plaintiffs to sell him another
bill of goods credit but they, uspecting his re-
sponsbility refused to deliver him any more goods
unless he could make such statement Of his az
fairs would justify them that It would be safe to
trust him If the statement were true. Farr there
upon told them he was worth from $1,000 to $500
over and above all his liabilities II he were obliged
to force sale Of his property; that he owed moth
ing over due and nothing until the 23d Of October,
when the note to Palmer. Gage & Co. fell due; and
that VIM. Harris Of wndham, owed him $500
borrowed money. The plaintiffs claimed that re-
lying upon the truth Of these representations, they
put him up n bill Of goods amounting to about
$780, and took his note on six months. and, at the
same time, made record Of his statement in
book kept for that purpose. It further appeared
in evidence that Farr, at the time of making this
September purchase, was owing Boston debts
amounting to about 5000. making his whole Bos-
ton indebtedness, including this last purchase over
$4,000. lie also owed debts in windham and Vi
entity chiefly to his father, Rufus Farr, amounting
to over $500, which last were all over due on the
10th Of Sept lSi9. The amount realized on the
sale Of Eli Farr's property about $500 but he
claimed that there was considerable sacrifice A
few days afer Eli's return from Boston his father
called upon him to secure him for liabilities he had
incurred by signing notes with him to large
amount in Boston, for purchases prior to septem-
Der 10th, and for notes which he had endorsed due
in windham and vicinity; and Eli turned out
goods to the value Of 5000 for that purpose,
which were carried and stored in room in Rufus
Rarr's house A portion Of the goods bought Of
plaintiffs were included in this assignment A day
or two after Eli s. farr went before justice Wood
of Windham and confessed Judgment on several
notes, part Of which he had given his father, and
part Of which his father had signed as security
for him, amounting to $2l65. writs were is
sued Immediately on those judgments and all the
property Of Eli which could be found was attached
on those writs by wcOdburn the defendant, togeth-
er with any interest Eli might have in the goods
pledged his father after paying the debts they were
pledged TO secure.
1t was in proof that the officer hired the same
room in Rufus Parr's house where the pledged
goods were deposited, put the attached goods with
them, and placed q lock on the door, the key to
which he carried in his own pocket. Some two
weeks afier Ellis failure, information of the fact
having reached the plaintiffs they despatched d.
7. Adams, the clerk who sold Eli the goods in Sep
tember, to Windham, who went to windham and
demanded the goods sold in September, having FIRST
selected and laid them out by themselves.
The defendant claimed that Eli did not make the
representations alleged to have been made to the
plaintiffs when he purchased the goods, and that
WoOiourn pointed out the pledged goods, and gave
Adams notice that he had nothing to do with them
while the selection was going on, which was made
partly from the pledged goods and partly from the
goods attached but it did not appear when he re-
fused to deliver the goods he Disseminated between
those pledged and those attached but refused abso-
lutely to deliver any of them.
The Court instructed the jury that il they be-
lieved Farr made the representations claimed, and