Rutland weekly herald. [volume] (Rutland, Vt.) 1859-1877, 1865-02-09
supreme oourt-Rutland County.
JANUARY TERN, 1860.

Present, Hon. Luke P. Poland, Chief
Justice, and
Hon. Asa 0. Adds,
Hon. John Pierpoint,
Hon. Asahel Peck
The following cases were argued, or
submitted to the Court on the papers,
on Friday, in addition to those hereto
fore reported
Thomas Perigo V. James M. Furman
ct al. Action of assumpsit on prom
issory note for $4,000. Plea, the ge-
neral issue, with notice of special
matter in defence. The defendants
Churchill and Granger pleaded several
ly that they were sureties merely, and SO
understood to be; that the actual con-
sideration of the note was less sum
than it's face, and that special agree
ment Of the principal with the plaintiff
without their assent or knowledge, re-
leased them as sureties from their liza
bility. The jury below returned YER
dict against all the defendants fer $3.50.
The defendant excepted. The judg-
ment in this case was affirmed
on submission of the papers. Thrall,
Dewey & Joyce for plaintiff; E. Edger-
ton for defendant.
Squires g. Sperry v. Heman Barber ap-
pellant. This was an action of assump-
sit for bill of goods purchased by de-
PENDANT OF one P. w. Converse, an agent
of the plaintiffs. At the time Of the
purchase the said Converse was indebted
to the defendant, and by special agree
ment between them, the debt Of the said
Converse was to be applied in part pay
ment for said goods the said Converse
never disclosing his agency. The facGS
came out in the report of John Howe,
Esq, the referee, reporting in the alter
native, as to the application Of the debt
of the said Converse towards the pay
ment of the said bill of goods or it's dis
allowance. The Judgment Of the court
below was in favor Of the defendant.
Prout & Dunton for plaintiff, Fl. G.
Wood for defendant
Il. Il. Thrall, appellant v. William FL.
Wright. This was an action of assump-
sit for money paid, work and labor, &c.
The claim of the plaintiff was for his
services as an attorney for the defend
ant, who was then. a minor, but had OBJ
tanned his time. The services were pro-
curing and prosecuting suit in favor of
defendant against his father on a prom
issory note. This suit was discontinued
before the defendant became of age.
The testimony of defendant was admit
ted tendidg to show that his father was
able and willing to provide for the de-
fendant's support in all things necessary.
And the court decided that it did not
appear that the services, &c, were ne
cessary for the proper security of de-
PENDANTS Interest and property, or that
the suit wss beneficial, and rendered
Judgment for defendant, The plaintiff
excepted. r. r. Thrali, pey &c.: W. Il.
Smith for defendant.
The following cases were heard on
Saturday last, Feb. 4th
Thomas Jakewsy .. David Barrett,
apt. Action Of trespass, for taking
and carrying away two stacks of marsh
hay from the land OF the plaintiff, In
West HaveS. Plea, the general issue,
with notice o. proof that said bay was
cut on land of fhe defendant. The evil
dence consisted of i,1ass Of title deeds
TO which reference cannot be made in
such a report as this. The court below
decided that the defendant WAS justified,
under the deeds, in taking the hay.
Exceptions by the plaintiff Z. O. Abel
for the plaintiff; Wood and Dewey &,
Joyce for the defendant.
Town OF Bepson aptv. Estate Of Eliza
AbSi. This yss an appeal from the