Bellows Falls times. [volume] (Bellows Falls, Vt.) 1856-1965, 1867-10-04

F.O. Durham VS.. Horace Carpenter.--
This was an action on the case. Plea not
guilty. The plaintiff claimed that he lost
a valuable hog through the negligence Of
the defendant, This the defendant denied.
Verdict for defendant. A. Stoddard. c.
E. Arnold and II. Il. Stoughton for plain
tiff; c. 3. Eddy, c. N. Davenport and
Nathan Hall for defendant.
Simeon Adams and Timothy M. Adams
VS.. VIM. III. Waite.-This was an action
Of assumpsit. 1t appeared that in 1863
the defendant, who was banker in Chi
cago received for collection note of s4,-
zoe, in favor of plaintiffs agains: the
trustees of a college in Illinois. The de-
fendaut received the money and this action
is brought to recover it of him. Verdict
for plaintiffs for amount Of note. Field
& Tyler and c. N. Davenport for plain
tiffs; ii. Z. Stoughton for defendant.
Edgar C. Allen VS.. Albert Ray.-This
was an action OF trover for colt, which
the plaintiff claimed to have purchased OF
his father, Geo. T. Allen, and paid for.
The defendant, deputy sheriff, justified
under an execution in favor of David NJ.
Whitaker VS.. Geo. T.. Allen, John w.
Moore and Martin Perry. Moore indem-
nified the officer and defended this action,
and claimed that the sale was fraudulent
as against creditors. Verdict for plaintiff,
Sl06. H. Fl. Wheeler &c e.. L. Slough
ton for plaintiff; c. N. Davenport and c.
B. Eddy for defendant.
Jonas Twitchell vs.. Eben A. Bridge
This was an action Of assumpsit The
plaintiff claimed to recover for hay enough
to keep forty-fve sheep, two cows and two
horses through the winter; also for twelve
bushels potatoes and few boards. The
plaintiff evidence showed that the defend
ant was to keep other cattle of plaintiffs
to pay for the hay above mentioned, but
4
ant claimed that the boards and potatoes
were borrowed and were to be paid in
kind. Plaintiff admitted this but denied
that they were ever so paid. The Court
held that the value of the hay could not
be recovered in this action, Verdict for
plaintiff, S4,76. II. II. Wheeler and c.
N. Davenport for plaintiff; A. Stoddard,
Field & Tyler for defendant.
Charles Hale VS.. Newfane.--Action OIL
the case for damages for injuries on ac-
count of insufIiciency of highway in
Newfane.
1 Plaintiff claimed that in April, 1866.
while driving over the Hunter brook road
in Newfane, he was thrown from his wag-
, on in consequence Of hole in the high
way near certain bridge, and thereby
received an injury in his back causing a
, chronic inflammation Of the kidneys, and
/ also barked his Sims.
!, Defendant claimed that the accident
q was the result of fast and careless driving
by the plaintiff, and offered evidence tend.
; ing to show that the plaintiff had been
suffering from disease of the kidneys for
long time prior to the accident. Defen-
dant also claimed that their selectmen were
not notified by defendant that he should
. make claim for damages as provided by
f statute.
Verdict for plaintiff s63.33. c. N. Da-
!. yenport and H. H. Wheeler for plaintiff
, A. Stoddard and C. B. Eddy for defen-
5 dant.
n Joseph MundelI vs.. Geo. L. Hammond
i Trespass de bonis for three tons OF hay
5 Plea not guilty.
q 1t appeared that in December, 1866
b the defendant, aided by men in his EN-
j. ploy, without permission of the plaintiff
e forcibly took from the defendants barr
y about three tons Of hay, being the south
s half Of certain bay. The defendant
r justified such action by introducing evi.
) dence tending to show that in September
: previous he purchased of plaintiff COW
l. a scaffold of hay, and also the hay in con
# troyersy, and had paid $50 towards thu
! same, and claimed that the hay 10 the ba,
s. belonged to him by virtue of such con-
D tract.
IL The plaintiff admitted the sale to de
G. feadant of the COW and scatfold OF hay
Of and introduced evidence tending to shov
Dr. that afterwards bargain was made b.
IS which the defendant was to have the ba.
TT hay provided he took it away within
err week and paid for it when taken, whic
re he had not done.
k, Verdict for plaintiff, 5000. G. n
er Davenport and C. f. Arnold for plaintiff
ne II. II. Wheeler and II. E. Stoughton TO
Id defendant.
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