St. Johnsbury Caledonian. [volume] (St. Johnsbury, Vt.) 1867-1919, 1867-12-13
Court Docket.
Hon. BENZ. II. STEELE, Judge.
Hon. F. r. CARPENTER, ! associate
Hon. =. BUCHANAN. { ,Jud1es.

Hon. BENZ. II. STEELE, Judge.
Hon. F. r. CARPENTER. } Associate
Hon. p. BUCHANAN. : Judges.
No. l6. jury not agreed.
No. 80. Rufus c. Lund VIM. Dawes
ct ais. Trespass. In this case a bond
was made to the mother of plff.. who was
minor. i'll trust for pltf. whereby it was
stipulated that on plfi and his brother
paying certain sum they were to have
deed of the lot in question. The plff. and
his brother went into the army. While
there. the testimony tended to show. that
the mother became in want of the necessa-
ries of life and that she gave defendants
permission to cut and carry away the TIM
Der from said lot. The question was did
the mother give defendants such permis-
sion. The jury said she did not and found
for pltf. to recover 500 and costs. Rogers
and Ray for pltf. Ross aud Davis for def.
No. 10. Nath'l Lee David and Frank
lin Smith. Ejectment. The pltf'. in this
suit sought to eject defts. from piece of
land set off in an execution issued bv the
County court in GA against David smith.
Franklin's father. Franklin presented a
warrantee deed made in 1858. Pltf. claim
ed that the consideration of said deed was
the support Of father and mother and that
il was therefore void as to creditors Yer
dict for defendants. Verdict set aside by
order of court, the court having failed to
state some material point of the evidence
Brown for plff. Stoddard Bartlett. May
for deftS.
No. %. Willard Brockway Henry
EsterbrOOks apt. Assumpsit. The pltf.
was indebted to def. in sum OF about $500
and conveyed his farm to deit. in payment
Of the debt with an understanding that if
dett. sold ii for more than $500 he was to
I pay excess to pltf. Deft. sold farm for
$3.50. but the court ruled pltf. could not re-
cover as he had relinquiShed that claim
before the sale. Brown and Belden for
. pm bditIttt, NTOut. ~. >. burke. liar
ris, for dett.
No. I'll. Dan c. Aver. minor. Lu.
cius ID. Aver and Tr. Assumpsit. The
plti. enlisted and sent home his money tC
his father the dett. The only question
raised was. did pltf. and def. make a con
tract that dett. should take care of plff.'s
money and account for same on plf1,.'s re-
turn. Verdict tor pltf. to recover $780, IS
Geo. w. Cahoo1, for pin. w. W. Grout
for def.
No. 6S. Francis Blake Albert Dan
forth. Trespass. Defendant sold plif. 4:
COW. Pltf. claimed that he absolutely
bought the COW, def. alleged that he sole
on condition that she should remain hi
till she was paid for. Plff. worked som
10 days for dett. at Sl.50 per day as pltf
Says, but only Sl.25 per day according t
detts. testimony. Owing to quarrel a
to the price per day. pltf. did not pay 70
COW. and def. drove her off. In this actio
piii' soh- W ItNo'ti tilC NdIut Z
COW. Verdict for plff. to recover s2l.5
and costs. Pierce, o. 5. Burke for plf
c. c. Burke, Bartlett, for dett.
No. 20. Vim. and G. W. McGattey
L. and G. Fl. Gilman. Trover to recOve
the value of a horse which plffs. say til
deits. obtained of them by fraud. Th
pltfs. snapped horses with Gefts. who CAV
pltfs. colt that had been injured when
: year old, bat which had partly recovere
D these injuries. The plffs. finding they ha
been cheated-backed out. and led co
back to dctts. pasture. and demanded the
II horse back. This defts. refused to d,
l. There was TO proof that defts. knew hors
was unsound. The question was did def
practice fraud upon plffs. or was there
breach of an express warranty? On tria
Bartlett for plffs. Ross and Ray for def