Orleans independent standard. [volume] (Irasburgh, Vt.) 1856-1871, 1861-07-19

signing as a reason, that he was afraid
be should lose it. The plaintiff became
alarmed at the prolonged stay of the de-
rendant in Boston, and finally pursued
him, finding him at Lebanon, N. II.
Here the defendant gave the plaintiff a
note for 60 dollars. The amount due the
plaintiff on the butter was fitty-fve dol
lars and twenty-tbree cents, and the de-
PENDANT claimed on the trial that he had
heard that plaintiff claimed that he had
cheated in the weight Of it, and though
he claimed to have acted fairly in the
weight of the butter, yet he swore that he
recollected that he bad difficulty with the
scales, and to make the matter safe, gave
the plaintiff his note for sixty dollars
thereby including, as he claimed, the sum
of four dollars and seventy-fVe cents for
any mistake that there might have been in
the weight Of the butter. The defendant
claimed the $I7j was included in con.
sideration Of the fact that he had been to
a good deal Of trouble in looking up the
defendant. The defendant, however, pro-
duced five or six witnesses who swore
thattbe plaintiff had admitted to them that
the matter Of the cheat was settled for at
Lebanon, and included in the note. This
case was tried at the last December term,
at which time the jury failed to agree.
This term the jury returned verdict for
the plaintiff for the the sum Of fifty dol
lars damages and costs. Exceptions by
defendant. Exceptions allowed.
Sartle, Redfeld, for plaintiff; A. Il l.,
Bartlett, VIM. II. Grout, b. II. Steele,
for defendant.
Jos. D. Ayres vs. Carlos Leland
This was an action on the case in which
the plaintiff sought to recover Of the de.
PENDANT damages for false and deceittu
representations concerning certain COW
which the plaintiff obtained Of the defen'
dant. The plaintiff alleged in his decla
ration that the defendant represented tC
him that the COW in question would give
Shaker pail nearly full of milk at q
milking, and than the milk was Of good
quality; but that instead Of this, the
cow gave only three or four quarts at q
milking, and that the milk was gargety
and bloody; and also alleged that this
the plaintiff knew. The proof was that
previous to tue sale Of the COW to the
plaintiff she had at times given bad milk
This, it appeared, was before the defend.
ant owned her, while she was the prop
erty of one Samuel Gray. Gray swore
that it was his impression that he told
Leland that the COW sometimes gave bad
milk but Leland swore he was sure Gray
never told him so. Leland commended
| that when he sold the COW TO the defend
ant, Ayers, he made the representation
above alleged in the plaintiff 3 declara
! ton, and at that time he knew nothing
why they were not true.
The Court charged the jury that il
order to make the defendant liable, they
must find that the representations mad'
tho defendant at the time of the sale wer,
false, and that the defendant knew it.
Verdict tor the defendant, that he re
cover his costs.
A. 81 L. Bartlett for the plaintiff
J. p. SartIe, w. w. Grout, 7. p. Red
field for defendant
Geo. w. Jenness vs.. Darwin Pennoye
In this case, the plaintiff sought TO re
cover damages from the defendant for
breach of warranty Of title Of certain
property which the defendant had hereto
fore sold 10 the plaintiff. The propert.
so sold was a horse, wagon, and buhal
robe, which the defendant had taken GU
of Canada and had not returned in du
form Of law. The defendant admitte
that he did not enter the team, but claim
ed that be told the plaintiff Of this fac
. The plaintiff admitted that he knew q
the time Of the purchase Of the team tina
it was not entered, but relied upon tn
assurance of the defendant that il wa
not necessary to enter it. The defend
ant proved that the day before the sale {
the team to Jenness at Glover, that he wa
offered at Barton 500, but the perso
offering this wanted the defendant to tax
the team back to the line and get it en-
5 tered, and this the defendant said
= would do, but owing the lateness of tn
, day concluded lie would not 60 that nigh
and returned to the plaintiffs in Glove
where be was at that time stopping, in
! tending to take on early start the mex
{ morning for the line. Upon his retur
, he told Jenness of the offer which ha
t been made him. and that he was going t
+, the Line and get the team entered, an
= close the trade whereupon the defendar
, swore that the plaintiff told him he at