Vermont phÅ“nix. [volume] (Brattleboro, Vt.) 1834-1955, 1869-04-23
uY.vDH.s.u COU.vrr C0UnT.

ent, Hon. James Barrett, Presiding Judge,
Hon. Peter w. Dean, Asst. Judge.
Grand Jurors-Ambroso Burgess, fore
man, Grafton; Timothy Vinton, Brattle-
boro Joel Lyman, Dover; A. Lawton,
Dummerston N. j. Bangs, Guilford; l..
N. Sprague, Jamaica; A. Il. Fuller, Lon
donderry; N. Higgins, NJ. Newton, New
fame; 1. u. Pu1er, Putney Il. Kidder,
Townshend l.. Brown, Vernon ID. Eddy,
J. II. Perry, wardsboro; f. Arnold, West
minister; II. b. Ballou, Nottingham; II.
f. Ballou, Wilmington; Clark Stearns,
Windham.
Petit Jurors--Athens, Il. A. Ball. Brat
tleboro, G. ii. Clark, w. III. Gould, o. ii.
Carpenter; Brookline, w. w. Perry, Jr.;
Dover, j. w. Bissel Dummerston, s. l..
button Grafton, G. w. Ayres; Guilford,
Chas. Il. Alexander; Halifax, Il. Worden;
Jamaica, S. Gleason; Londonderry, s. NJ.
Hobart Marlboro, l.. A. Barney; New
fame, L. Morse, c. p. Lamb; Putney, II. e.
Reynolds Rockingham, s. s. Coolidge, j.
b. Morgan Townshend, Il. G. Wheeler, Il.
Sawyer, j. l.. Livermore; Vernon, J. Il.
Hubbard; Wardsboro, n. Is. Gale Whit
ingham, $. d. Faulkner; Windham, l..
Kinney.
Ninety-five new causes were entered on
the first day of the term, and upon the call
ing of the old docket twenty cases were set
down for trial by jury.
Thursday morning the Grand Jury came
into court, presenting sixteen bills of in
dictment, and were thereupon discharged.
G. J. anthony Us. j. f. BurrovS.-This
was an action of covenant. The plaintiffs
evidence tended to show that at the city of
New York, on the Both day of December,
1868, he negotiated a loan of $4,000 to one
Henry w. Ellsworth of Lafayette, Indiana,
and took as security therefor mortgage of
! $4,000 executed by said Ellsworth to the
| defendant at prior date; and of this Sl3,-
900 he paid the defendant 1928 and the said
Ellsworth the balance. That said mortgage
| covered certain real estate situate in India
ma, Illinois and Michigan. That on the
occasion of the assignment of said mort
gage by defendant to plaintiff on the day
first named, the defendant and Ellsworth
executed TO plaintiff the writing or cove
nant declared on, guaranteeing to the plff.
that said mortgage was a good and valid
first mortgage lien on said real estate to the
1864, the said Ellsworth died, and that his
estate was represented to be insolvent.
That said real estate was badly cucumber
| ed by prior mortgages, deeds of trust, and
judgments, and that the plaintiff, through
his attorney, c. II. Cromwell of New York,
compromised and disposed of said mort
gage to one Langsdale for the best price he
could get, realizing, over and above eX-
pens es only about $1,000 from the same.
The defendants evidence tended to show
that in the summer of 1862 one c. p. Riggs,
agent of said Ellsworth, came to his place
in Vernon, VT, and was DESTROYS of nego-
tiating loan of S25, 900 for said Ellsworth
TO be secured by mortgage ON the property
above mentioned. That at the urgent re-
quest of Riggs, defendant went with him
to Indiana, and examined some Of the
property proposed TO be mortgaged and
placed the matter of examining the title to
said lands i'll the hands Of Judge Petit of
Lafayette, Indiana, with the understanding
that if the property should prove to be un-
encountered and good security for $4,000,
said Petit was to have a mortgage deed
executed by said Ellsworth recorded in the
proper " ucltuuhilt,
and he would then make said Ellsworth a
loan of $4,000 on said security. That delt.
heard nothing further from Indiana, until
July 1868, when Ellsworth, came to his
place, bringing with him a mortgage deed
of said property, duly executed and record
ed, and requested defendant to accept the
same and loan him the $4,000 but defend
ant not having heard anything from Judge
Petit refused to make the required loan.
Ellsworth remained at defendants most OF
the time until into October, during which
period def. had loaned in money and be-
come responsible to others for purchases,
ETC., made by said Ellsworth to the amount
Of S3,725, retaining said mortgage deed in
his hands as collateral security. Later in
the fall Ellsworth borrowed the mortgage
of def. to take to New York, hoping TO be
able to find some one there that would pay
him the Sl5, 600, less what the def. had al
ready advanced, and take said mortgage
security. That in December following, and
while defendant was in Washington, he re-
ceved a telegram from Riggs requesting
def. to call upon him in New York city on
his way home TO Vermont. That def. ar
rived in New York Dec, 90 saw Riggs and
Ellsworth, and with them called upon Mr.
Cromwell, the plaintiffs attorney, who in
formed him that the pin. had about CON
Guided to make Ellsworth the loan re-
quired, that he was then in communication
with the Recorders of the different offices
where said deed was recorded, and that il
upon investigation the title to said lands
proved all right the loan would be made
, and that if dett would remain he would
have u proper assignment of said mortgage
written for deit. to sign, and would then
pay deit. the money advanced by him
= That def. did remain in New York city
until the afternoon of the 3lst of December
on which day he was requested to be at &
place named, in the vicinity of Cromwells
office; that deft did remain at the plac,
agreed on until 2 o'clock, p. NJ, when he
was sent for TO go at once to Cromwell's of:
flee, which he did without delay. That OF
' entering the Office he was informed by
Cromwell that the assignment was ready
for him to execute, and was handed check
on Nassau Bank for 1925. That he took
. up the papers to read them, remaIking tha
= che was not in the habit of signing papers
without reading them" whereupon Mr.
p Cromwell pulled out his watch, Informing
him that it was only fifteen minutes o
three, that their banks closed at three, tina
= next day was New Years, and no banking
: business could be done, and if he wanted
q to get his money and leave for home tina
s night that there would be no time TO reaC
D the papers that one was the assignment
/ and that the other was only receipt fo
Q the money. Upon this assurance he signeC
S the papers, left the office, got his chocl
/ cashod just as the bank was being closed
Q and left for home that night That he hearC
/ nothing further from this matter until tn,
: fall Of 1866, when his property was attached
8 at tho suit Of this plaintiff, Defendant
}, evidence further tended to show that moth
a ing was ever said to him upon the subjec
s of guaranteeing the mortgage as contained