Bellows Falls times. [volume] (Bellows Falls, Vt.) 1856-1965, 1867-05-10
windham County Court

We copy the report of the following
cases from the reports in the Brattleboro
papers, the first from the Planir, and the
two last from the Record:
John r. Lyle u.s. Richard Bonds Estate.
This was an appeal from the decision of
Commissioners upon said estate, in disal-
lowing claim Of $500 and interest in fa-
vor of plf.. and against said estate.
The evidence of the plf. tended to show
that in August, 1865, he endorsed to the
Salem Bank n. Y. a note of $500 signed
by said Bond, and payable fifteen days
from date. That before said note became
due the said Bond died, and that subse-
quently the plaintiff paid the sum - the
Bank. The evidence for the defence tend
ed TO show that this was not the note Of
said Bond, that he never signed it, nor
was it signed by any other person by his
direction aud consent
The plff 5. evidence further tended TO
show that the said Bonds name was put 10
said note by one Stillman Clark by Bonds
direction. THAT Clark and Bond were
partners in the business of buying and
selling cattle and that said Clark was au-
thorized generally TO use said Bonds name
in signing notes TO raise money necessary
TO carry on their said business.-That
Clark vas authorized by Bond to use his
name in this particular case, and that the
said Bond or his estate had received the
avails Of said note. Verdict for plff. for
S445,95. Butler a. Wheeler and Stough-
ton for PIE, Davenport and Kellogg for
Def.
STATE Us. James L. Haskias.-I Indictment
for larceny. The evidence of the prosecu-
ton tended TO show that in September,
| 1864 the respondent hired team at the
/ livery stable of S. A. Morse in Brat.
tleboro' to go TO Vernon and return the
same day. That he drove to Vernon and
from thence TO Mortified Mass, and from
thence to Nottingham VT, where he tried
to dispose of the wagon, but no being able
to do so left it with one Sprague, saying
he should be back the next day after it,
but instead of returning, Immediately left
for New York, and was not seen again
until the fall of 1866 when he was arrested.
The respondent was sworn and testified to
the facts substantially as above stated, ex-
cept that he denied that he ever attempted
to dispose of the team or any portion of it,
and he never intende 10 deprive tie own
!. er of the same. The jary returned a
verdict of mot Guilty" State Attorney
Tyler and Arnold for the State, Xix and
Eddy for the respondent.
L. H. Sprogue and W. II. Carr IS. Sill
: man Clark.-This was an, action of re-
plevin TO recover the possession of four
teen head of cattle and three horses taken
by the PENDANT from the plaintiff as
administrators of Richard Bonds estate.
) The evidence of the plaintiff tended to show
THAT TIE sdiu DOf'u uicu August ~, iCoV
> and that the plaintiffs were duly appointed
Administrators of said estate August 9Th
1865. That at the death Of Bond the
property in question was being kept al
i divers places, where il had been placed by
4 said Bond-That Immediately after the
: plaintiffs received their said appointment
: they proceeded to collect and get together
4 this property, procured it TO be invento
ried and appraised as the property of salt
estate, and that subsequently the said de
d PENDANT took possession of the same unde
| claim of ownership or joint OWNERSHIP
e with Bond. and refused to re-deliver sal
i property to the plaintiffs. The court q
e this point in the case decided that in orde
Is TO entitle the plaintiffs to recover in th
G form of action, something besides mer
1t possessory title must be shown in til
If plaintiff, which they having faiIel