Orleans independent standard. [volume] (Irasburgh, Vt.) 1856-1871, 1862-07-11

Orleans County Court.

Connecticut " EaEs' " W. Az w.
p. Edward Barnard. This was enc Of
The many cases now pending in thu
Court for the collection Of the subScr'P |
ton made to the capital stock oil me
above corporation, about the time the
road was extended from ST. JohnsbnrS
awkward towards Derby Line. The
4, fandant lives at Barton, and lived there
At the time he subscribed. Ills deienst
was that he subscribed for the ROAD 10 g
to Derby Line Village, and that the Oh
,.ctors had not located the road TO tha'
.,,acs In the subscription which De
fsudant signed, it was stipulated that he
should not be called upon to pay uh'''
tho whole road was put under contract
from St. Johnsbury to Derby Line aud
tas Defendant claimed that the Term
Derby Line, as used in the contract
meant the village in Derby, which goes
by the name Of Derby Line,
The defendant claimed upon the trla''
that he supposed at the time he subscF'o'
ed. that the road was going to what "a'
called the east survey, from Barton
through Bloomington, Charleston and
Darby Centre to Derby Line, which
would make quite place of Barton
where the defendant resides, by centre
ina at that place the business from tht
ives. portion Of the county.
The subscription was obtained IRON
The defendant by one Amos Y. koo'h
.on. and the defendant swore that ltoo'h'
.on told him at the time he subscribed
that the three important places on tue
,o.a would be Barton, Derby Centre,
and Derby Line; but would not swear
tina, anything was said as to the meAa-
ing Of the words Derby Line.
Several witnesses were called to show
,ba, they expected tne road was gong Il
Derby Line Village; also, to sho" INA
Derby Line meant Derby Line village
The Corporation, on the other hand
claimed that in the contract which deIen
dant signed, the fair construction ct IN
words Derby Line was the north line
the town of Derby. They claimed tina
at the time of this subscription they ha'
made no location Of the road, but ha
ever intended TO keep it an open qnestlo
until suitable surveys had been made, s
that the best route could be decided upo'
md that after .ull and impartial survey
they had selected as the best route Il
abe stockholders sand all concerned, IL
route over Baton river, through Cover
try and Newport, to the north line
The town of Derby, and the Corporate
;n.roduced rs witnesses certain of Il
directors to show that such had alwa,
been their intention, and that they h'
acted in good faith, and as they though
wisely, in locating the road upon Ito pr
sent route.
And touching the construction OF Il
words Derby Line, the Corporation P
in proof the charter locating the Road
the north lines of the towns OF DER
and Newport. The corporation n!
called large number of Witnesses
swore that at the time the detends
subscribed, they were told by those "
solicited their subscriptions, anon. who
we're some now resisting the payment
,hsir subscriptions. that tho route
open. only to be determined upon +
surveys.
The defendant made one other Pc
in the case, to wit: that the direct
did no, raise the 100000 dollars in
manner in which they promised
country folks they would do. The
PENDANT claimed that the city folks w
to raise it by subscription. The cor
ration claimed that they were to iurn
the balance OF the money to compl
the road, if the country folks rai'
s300,000,-and they claimed that Il
we're prepared to furnish the $4,000
IL the subscribers had paid their s
scripiions; and the Court told the
ties that upon that point there could
no defense.
The Court charged the Jury that
turning point in the case was what
parties understood By the words De
Line, and although the defendant I
h,ys understood the term 10 mean