The Caledonian. [volume] (St. Johnsbury, Vt.) 1837-1867, 1857-06-20
County Court Record.

III SSELL I1All.EII Is. III l.E1 L. HALL"
This was an action of assumpsit for goods
sold and delivered. The plaintiffs evidence
tended to prove that one David Hall. profess
ing to be an agent for the defendant and GER
tain other persons with whom the defendant
was in partnership, applied to the plaintiff to
make "sugar-box machine" after the fash
ion of certain machine then in the plaintiffs
machine shop-that the machine was acccor'
dinghy made, and taken by said David Hall,
who used the same in the business of the de-
PENDANTS partnership, and that the defend
ant afterwards recognized the agency by prom
Using to pay for the machine The defendants
testimony tended to show that David Hall was
his agent for the purpose of hiring only and
not of BUYING machine, and the ratification,
if any, was on condition that the machine was
as good as the plaintiff represented it to be.
and that in fact the machine was detective,
and not up to the plaintiffs representations
The jury found verdict for the plaintiff
for Sl2S,62.
For plaintiff. S. W. Slade; for defendant
I. Bartlett. jr.
SAMUEL BRUCE rs. LOREN CHASE, JR -
This was on action Of replevin for a horse.
The defendant justified the taking by virtue
of a tax bill and..warrant directed to him as
collector Of District No. in Pcacham, and
the Court, on the plaintiffs exhibit of the
case, directed verdict for the defendant.
AS the questions decided in this case were
novel ard important we will give as full a
statement Of the facts as is nccdful to under
stand the points decided. At regular meet
ing Of the District. Oct 10TH 1870. T.. W.
Clark was elected Prudential Committee. he
not being at the time a tax payer in the Dis
trict. 1t was afterwards suggested that he
was Ineligible to the Office. and he neglected
to act rs committee. On the Goth dav of Dc
tobcr the district was organized under war
rantisSue by the Sclcctmcn. and b. I. Jones
was chosen Committee. Another meeting was
held on the 18th day of November and b. T.
Jonc, was again chosen. and proceeded to
perform the duties Of the office He Subsc-
quently decided not to act. and joined in a
request for another meeting to be held De
ccmber oath. at which l.. ". Brown ID. IIar-
vcy. and Simon Blanchard were chosen Com
mIttec. The Committee made out and cert
fled the tax bill under which the defendant
justified.
The Court held. lst. That person who is
not a voter In school district is not eligible
to an Office in the district and if ne be elect
ed. the office still remains vacant : I'd. Tha,
the organization. by >clcctmen. of di>tri",
already organized. is altogether null and Vol,
Sd. That 4 person elected to school distriC,
office and present at the meeting at which h,
is elected. may afterwards decline to act il
the office. and the district nav at another
meeting elect another or others to- fill hi
place. As the result of these propositions
the Court held that the committee chosen O,
the 9th OF December were legally chosen
The case goes to ihc Supreme Court.
For plaintiff j. Pot;t. r. Bartlett. Jr.: fo
defendant. VI. Hale T. y Davis
CHARLES ROGERS. JE. IS. JANE WHMor.-
This case. which has acquired some noto,ict,
as the Nictorinc case. was. on the who'll.
the great event Of the session. In fac,. a,
one Of the counsel remarked. there has beer
nothing equal 10 it. respects excitement
since Bristol Bill was tried The interest ftl
in the case was not occasioncd Nv It's import
ancc in pccunlar, point of view. for the val
We of the property at stake was only lively,
dollars. but the defendant was Il smart, good
!, locking Young woman, and many of the wit
nc>>cS were Young women of the same class
The consequence was that the Court IIcu>,
was crowded during the whole trial. there be
ny from seNcnty-tivc to a hundred ladic:
present. and as many men and boys as coul,
find sitting or Standing room.
The action was trovcr for Nictorinc. i
appeared that on Thanksgiving DAY. 1879
the defendant borrowed of the plaintiffs wifi,
a set Of f''rS. to wear T. a wedding at Iyn
don. and accordingly wore them to that place
and afterwards 10 st. John>hurv, then t,
I.yndcn again. and lastly to Whcelock. to at
tend ball. When the firs were returned
the next morning, the panti:i"s wife insstc,
that the victorinc which was "a nice lively,
dollar victorine," had been exchanged for "a
poor little seven dollar article" The matcri
al question in the case related to the identity
of t,c victorine returned with that which was
borrowed, and with reference to that matter
numerous witnesses were examined. A loose
button, to fastcn which the defendant used
several pins at different times, served to iden-
tlty the property from the time it was borrow
ed down to its production in Court at the tri-
al, and the jury accordingly returned a YER
dict for the defendant
For plaintiff, /. J. Cree, T.. A. Cahoon; for
defendant, b. B. Clark, 7. Bartlett, Jr
RUFrs DICKINSON rs. SETH FORD. - This
was an action of assumpsit to receive the val
ue of half NOV of hay. 1t appeared from
the plaintiffs evidence that at an auction sale
of his personal property, a NOW of hay was
sold to the defendant at $40 per ton, the
quantity of hay to be determined by the