Orleans independent standard. [volume] (Irasburgh, Vt.) 1856-1871, 1864-01-01
Orleans County Court.

al acllOn OF dssunpst ioI Nhiious anu
cles OF personal property sold the defen
dent. Plea, the general issue and piles
of offset to plaintiffs claim. Verdict fol
the defendant for the sum Of $50 "A
damages and costs.
N. T. Sheafe and T. p. Redfeld for
plaintiff. J. p. Sartle and b. II. Steele
for defendent.
A. j. Rowell VS.. n Boright ct al.
This was an action Of trover TO recov-
er the value OF quantity of oats and
wool, and for horse and wagon, which
the plaintiff claimed the defendant had
taken from his farm 10 Potion, G. e,
The evidence showed that the plaintiff
leased his farm TO one O'Brien, and in
the lease reserved lien on all the crops
raised on the farm, until the rent was
paid. A, the time of the execution Of
the lease, the plaintiff took lien or bill
of sale of the wagon and horse TO secure
him, also, for the rent. After O'Bien
went into possession OF the farm he Oh
tanned credit at defendants store at Man
sonville, and became indebted to them, to
quite large amount for goods. He also
sold them some OF the products Of the
farm. After O'Brien contracted the store
debt, he absconded and took with him
the horse and wagon, and went as far as
Rouse's Point, and was then overtaken
by Nelson Borighf, and was compelled
to deliver up to him the horse and wagon.
About the same time, the defendants also
took from the farm a quantity of peas
and oats, and fifty pounds of wool. All
of this personal property was taken to
iquidate the defendants claim against
0'Brien, and they claim that the plain
tiff gave O'Brien license TO sell the pres
duce of the farm, and that the plaintiff
said TO them that "any trade that they
made with O'Brien would be all right. ;"
The plaintiff denied saying this. The
defendants also offered evidence TO show
that by the law of Canada East, such a
lien on the products as contained in the
plaintiffs lease is invalid, as against the
creditors or bona fide purchasers, and
took the testimony Of two Canadian ad-
vocates, which evidence tended to sustain
this claim of the defendants,
The plaintiff claimed that the Cana
dian law was the same as the law of the
United States, in regard to such liens,
and that there was no invaldity in such
a contract, and produced two other Can
adam advocates as witnesses, whose tes-
timony tended to sustain the plaintiff in {
this respect. The defendant also claim
ed that the plaintiff had received the full
amount of his rent, and therefore that the
lien no longer existed. This the plain /
tiff denied. There was great deal Of
conflicting testimony.
In his charge TO the jury, the ChieI
Justice said that what the law Of Cana>
da was, was question of fact to be de.
termined by the jury from all the evi
dence, but gave as his opinion, that from
the evidence, by the law Of Canada, there
is no inva!dity in such lien as con
tanned in the plaintiffs lease, and thar
the Canadian law was the same as the
laweof this country in that respect and
also, that The bill of sale of the horse
and wagon was valid, as between the
parties and valid as against third party
who purchases the property With notice
Of ihe bill Of sale.
The Jury rendered verdict for the
plaintiff to recover $3.50, and costs.
T. p. Redfrld, S. b. Colby and II.
C. Wilson for plaintiff w. d. Crane,
B. II. Steele and w. d. Wilson for de-
PENDANT.
ST. Lawrence University VS.. A. L.
Bean. Action Assumpsit to recover the
stock subscribed to establish the univer
sity. Plea, general issue. The defense
was that the subscription was obtained
by frard, and by falsely representing that
other persons had subscribed.
Verdict for plaintiff for Si2, and costs.
w. w. Grout and l.. II. Bisbee for
plaintiff. Steele & Robinson for defend
ant.
St. Lawrence University v. w. Mer-
RAM. Action for subscription Of stock.
The same defence was made as 10 the
case of the same plaintiff VS.. A. p. Bean.
The jury disagreed.
Joseph Wheelock VS.. Thomas Wells.
This is an action of assumpst; the plain
tiff claimed TO recover for horse rake
that he left at the defendants place for
trial. Plea general issue. Ont plain
iiff's testimony he became nonsuit.
E. S. Cowles and t. p. Redfeld for
plaintiff; C. |. Vail and B. II. Steele ior
defendant.
E. b. Locke VS.. T. w. knight. This
was an action on note for 5000. Plea
general issue. The defendant denied his