Orleans independent standard. [volume] (Irasburgh, Vt.) 1856-1871, 1870-10-18
Orleans County Court.
David Clifford vs.. Z. & d. Bodwell.

that on the night of the fire while he was
going to Fitch Bay, he met the plf. riding
from the fire-at great speed-and on the
deft. reaching the fire, it was reported and
believed by the people that the plf. had
burned his own house with the intent to
obtain the insurance money. ThereupOn
at the request of the people he started in
pursuit of the plff., and overlook him be-
fore he reached the Canada line, and the
plif. not stopping, he chased him into Yer
mont, and arrested him and brought him
to Beebe Plain, and being informed that
he could not arrest the plf in Vermont,
he released him. The defts set forth the
above facts in his notice of special matter
in defence. The plff. claimed that the facts
did not constitute a defence, and the Court
so held, and held that this evidence could
only be offered in mitigation of damages
as showing that the deft did not act from
any malicious motives. The Court charged
the jury that the elements of damage con-
sisted of actual physical injury, the inju-
ry to the PlH's. feelings, the insult and dis
grace attending the arrest aud such exem-
plary damages as the jury should find the
deft. ought to pay. Verdict for plf. 1888
damages and costs.
J. T. Allen and Il. C. Benton for plf-
w. ID. Crane and J. l.. Edwards for deft
Geo White VS.. Benoni Mudgett
Action on the case for misrepresentation
in trading horses. The def. plead the gen.
eral issue. The plf claimed that the delt
had a mare which he said was rot
more than fourteen years old and offered
to trade her for a colt and gun belonging
to the plf., and he relying on the repre-
sentation of the deft traded, and like many
good people who are very unsophisticated
in sharp trades, found out that the mare
was somewhat venerable and aged twenty
years The plf. claimed that he then Of
tered TO return the mare, but the dett. re-
fused to receive her. The deft. claimed
that the horse was not more than fourteen
years old. And much of the evidence was
about this matter and offered a good field
for 'hoss' men to show their horse learn
ing The Court instructed the jury that if
the deit. represented that he knew the age
Of the horse when ne did not know he
would be liable-as it would be a false rep
resentation, and that if there was an offer
to return the horse, then if the plf. was
entitled to receive, he should recover the
value Of the mare If there was no offer
to return the mare then the measure of
damage should be the difference between
what the mare was actually worth, and
what she would have been worth if not
over fourteen years old.
e Verdict for the plf. for So, and if the
plh. can recover for the value Of the colt
and gun, deducting the value of the mare
then verdict for plh. for $41.5I The def.
? moved to have the verdict set aside.
J. T. Allen and r. c. Benton for plf.-
- W. ID. Crane and J. L. Edwards for delft.
a. w. Fairbrother vs.. Z. b. Locke
This was an action for falsely informing
a custom house officer that the plh. had
been smuggling, and on account OF this in
formation the plhTs team was seized and
forfeited The deft. objected to parol proof
Of the continuation OF the property as it
should be proved by the records. The
Court so held, and that the burden was on
the plG to show the forfeiture. The pln,
not having the record at hand set the ease
not for the jury.
Edwards d Dickerman and W. d. Crane
for plf. Bisbee & Grou. and J. +. Allen
for deft
VI. l.. Kelsey VS. :. 3. Clarke
This was an action for assumpsit on an
account. There was no defence, and the
damages were assessed by the jury at S2Ol..
. so. John Young for plf.
o Chas. s Bean vs. c. d. Reynolds.
4 This was an action for assumpsit for $500
4 Plea the general issue, and notice thai
q there had been general settlement be
: tween the parties. 1t was conceded tina
. the plf. loaned the deft $500 and took
|, mortgage of the deft's house and lot il
|, Boutwell,, Canada West. And it was con
. ceded the piff. had never been paid any
part of the $780, The plf had also not,
Il against the def. for about $500, which wa
n due at the same time the $500 claim wa
= due. The deft. claimed, and his eyidenc,
= tended TO show, that he and the plf had :
l. settlement, in which a note was taken fo
h the $500 note, and in consideration tina
/, the deft. would execute this new note Will
:. good sureties, the pf. agreed to release tn,
def from the $500 claim, and that tn,
p new note was given in full settlement o
e claims against the deft
i The plf. denies this claim of the deft.
IL and his evidence tended to show that tn
,e settlement and new note did not includ
: or in any way affect the plf7s $500 claim
= 1t was difficult case for the triers 4
,r settle, and the jury after being out tN
W days came in disagreed.
Il w. d. Crane for plff L. Edwards, J
Il T. Allen and J. Grout for deft.
TO r. Rivers VS.. J. Pettengill.
Sc This case was tried by the Court an
was an aHdita querela to set aside
ajustice against the plf., aud in ia
;. vor of the def. An action of assumpsi
l. had been commenced before justice claim
l. ing 5000, and the case was referred to rel
W erees appointed by the justice under tn
es statute providing for such. The referee
n reported to the justice the sum of $40 a
W the amount of damages, and on this repol
is the justice rendered judgment The phi
re in the suit claimed that by the statute tn
IS report of the referees should have bee
OF made to the County Court, instead of t
ne the justice as the amount claimed was MOI
re than $40 The def. claimed that tn
amount of the award found by the referee
at should determine the jurisdiction of til
n justice, and that the report was properl
1t made to the justice. The Court reserve
ry its decision.
ut
A learned professor walking past the ne
Rutland county court house the other da
ii. was asked what order of architecture
,c- was, and after some consideration reptile
:. "Ironic. "-Rmldnd Herald.
tn That will do to 90 with the mot of a wo
~ thy citizen of Burlington, long since
III partad hut w whose manOrv linoars in MAJ