Green-Mountain freeman. [volume] (Montpelier, Vt.) 1844-1884, 1871-04-19
Washington County Court, March
Term, 1871.
HoN. AsHEL PECK, CAie5 Jtage
JOSIAH WOOD, ,....,,,, y..-y...
IANI- lROSSETT. I = = ~ Z.

No. 40 d. Dewey Il Co. V a. Nicholas,
appellant General assumpsit upon which
the plaintiff sought to recover for goods sold
and delivered and also for work and labor,
the sum Of S34.l4. Judgment for plaintiff
IN recover the sum Of S34. Il, and two years
interest Exceptions by defendant on the
ground that the plaintiff could not recover
upon his declaration-which was for goods
sold and delivered-for work and labor.
Randall & Durant for plaintiff. Wing for
defendant.
No. a. L. c. Camp Orrin Beckley, ap-
pellaAt Action of general assumpsIt, upon
which the plaintiff sought to recover OF the
defendant a sum Of money which the plaintiff
claimed the defendant instructed him to pay
to one Hackett. A son Of this Hackett went
to work Tor the defendant, and was to work
one wear for forty dollars. lie commenced
bis work in the fall, and remained with de-
PENDANT about nine months. or until the first
Of July, 1869, and then left the defendant 3
employ without cause, and the plaintiff and
one VIM. Farewell were called upon to say
how much the boy should have, he having
been paid so % before leaving. Farewell,
in the trial of this case, said that he ana
Camp said they did agree that the boy ought
To have SIS 90 more, and that he SO declared
b the parties at the time, and Mr.. Beckley
SAID. e have not the money now" and at
ter some conversation 1t was agreed that MIR.
Camp should pay Hackett and Mr.. Beck
lev refusal To pay MIR. Camp resulted in
tins suit Judgment sor plaintiff to recover
so - damages and costs. Randall and Du-
rant tor plaintiff Heath for defendant
No. a. \ A SimOnds Y Thomas Hughes,
appellant and trustee. Action Ct assumpsit,
AMI the Judgment Of the justice was affirmed
with interest by agreement OF the parties.
Hunton and Gilman for plaintiff. Denison
and Son for defendant
No o. David Dow Lyman ). Hayes
Case for seduction Of pIainrif daughter,
which was tried by jury the present term
A motion in arrest of judgment was filed by
the defendant, on the ground that the plain
tiff-s declaration did not allege that Susan NJ
Dow was the daughter and servant Of the
plaintiff at the time Of the seduction. The
motion was heard by the court and Overruled,
ID which the de endant excepted. There was
also q motion by the plaintiff for certified
execution, which motion was heard and full
certificate granted Randall and Durant for
plaintiff. Hill and Stafford, CIOugh and
Palmer, and Dillingham; and Son for defend
ant.
No. ia. D. P. Bradford vs. A. H.
Chessmore, appellant, general assumpsit
Plaintiff was surgeon IN 9Th Regiment,
Vermont Volunteers, in year 1868, and de-
tendant was second assistant surgeon, one
BurdIck being first assistant surgeon. The
plaintiff agreed with defendant TO resign and
recommend him 1.-THE delendant) as the best
man to fill his (the plaintiffs place, on con
dIti0n that the defendant would take his sick
horse aud give him 500, which the defend
ant agreed 10 do, and paid $50, not having
sufficient money TO pay the whole amount,
be gave the plaintiff a check on one of the
eItv Banks at Burlington and upon presenta-
ton Of said check at said Bank, they refused
10 paw the same to the plaintiff The de-
PENDANT denied ever having any deal with
the plaintiff, and claimed that the only con-
sideratOn for the payment OF the money was
that the plaintiff should use his influence to
get the defendant appointed surgeon, which
defendant claimed was not sufficient con-
sideratiOn and ought not to be enforced, as
against public policy. The court found the
facts substantiated as claimed by plaintiff
but rendered judgment for the defendant, on
the ground that the contract was against
public policy, to recover his costs to which
plaintiff excepted. Execution stayed and
cause passed to Supreme Court. Fisk &
- for plaintiff. Ferrin & Heath for
defendant.
No III. Joshua Sawyer Alney Martin,
appellant and trustee, assumpsIt. Sometime
IN the year 1869 the plaintiff sold to the de-
fendant a srecipc and right to use IN the
State of Maine, for the cleaning of grave
stone and marble, upon which 500 was
paid at the time and S75 was to be paid the
LIST day of April, 1863, and the balance when
the defendant had made it out Of the bust
ness OF from sale Of the recipe defendant
claimed fraud in sale and also that the recipe
was vaIueless. Judgment for defendant to
recover his costs to which the plaintiff ex-
cepted Fisk and Lamson for plaintiff
Carp & p, and Johnson for defendant.
No. I47. Joseph q Smith, administrator,
Milo c. Stewart, assumpsit. Dillingham;
and Son and Smile for plaintiff. Kennedy
AM c. and p. for defendant Judgment for
plaintiff for S47S IS damages and costs.
Exceptions by defendant.
TIE following cases are known as the
. Ca ry-alI cases" were heard and are with
the court
N. AS. E. Pope and B. SIloway, admin
istrators. Lewis W. Avery. Trespass.
Fssk and Lamson and Shurtleff for plaintiff
Johnson, Carpenter and Plumley for defend
ant
No. $50. Geo. NJ. Fisk Joel Winch.
Trespass. Fisk, Lamson and Shurtlef for
plaintiff. johnson, Carpenter and Plumley
No. Isl. Geo. NJ. Fisk Joel Winch.
RePlevin Fisk, Lamson, Shurtltf for plain
tiff. johnson, Carpenter and Plumley for
defendant.
No I53. O W. Alyord, appellant,
Lewis ". Avery Assumpsit in the general
CouI - len lOi pIdlhIIu- OOHhsOA ~ ~
PENDANT.
No. l54. J. A. Wing V VIM. Il. Dow.
Book account. No hearing. Judgment on
the report for plaintiff to recover $500 dam
ages and costs. Wing for plaintiff Lamson
FIR defendant
No. I73. Jacob Foss Geo W Fisher,
appellant Trover Judgment for defend
ant Deaeitt for plaintiff Clough Il Palmer
and Carleton for defendant.
No. 227 Simonds, Bro. Il Co. Frank
Carpenter, appellant. General assumPslt
Judgment for plaintiff by agreement OF the
parties. Clough & Palmer for plaintiff
Dillingham; x Son for defendant.
In the cases against the Montpelier X
Wells River Railroad, committee was ap-
pointed by the court follows ID. c. Deni-
son, Roy alton : Ira Richardson, Waitsheld !;
Henry Gillett,
No 337. Heman y Martin Olive A
Martin, divorce Wheelock for petitioner.
Bill granted for wiIllul desertion.
No 349 Hiram Dunsmoor Almira I.
Dunsmoor, divorce. Carpenter 4 Plumley
and johnson for petitioner. With court.
No 405. Maria Jones Seth W. Jones.
Divorce Fisk for petitioner. johnson for
defendant Bill granted for adultery, and
custody Of child decreed to petitioner, and
personal property now in possession Of petit
toner decreed To her alimony.
Of the other cases set to the court. numbers
"a, Markham Maxham, 372, Dwinell, ad-
ministrator, Kelton, executor, and 1885,
Sibley Estate of Little, were settled and
discontinued, AMI the others continued
The cases being all disposed of, the court
adjourned Tuesday, April 18th
ReSoI,gio1s oT LVoSb,1oto, C,o,,l, R