Essex County herald. [volume] (Guildhall, Vt.) 1873-1964, 1873-09-06
Court Record.
Coo. cOunty-Northstn Judicial District,

Francis L. Br6an as. ". ". Stev-
enS.-This was an action on a note to
recover balanee Que. The defense
to the note was that il had been paid
in'fuH second, the Statute of Limi-
tation had run against it. The def.
claimed that the note was given in
1861, while on the face of it, it was
given in 1865. One Endorsement was
made in 1867, which the def. claimed
paid the note. The plf. said lie came
into possession of the note in 1866,
and had no knowledge about anything
before that time, and supposed it was
all right. Verdict for plff. srG.61.
Dudley,for PHI. 'Aldrich &c Shurtlef
for def.
DaUtd' Heath VS.. Joseph Y. KeySar.
This was an action of trespass-quare
cldu$0m Julgit. 1t appearettin evidence
that The public had a winter road
across the plff.'s land in the winter of
1872, and that the road WIS open all
winter. The public travelled it gem
orally; the def. among Others. PIff.
ordered deft. not to travel over Che
road, which order def. tisfegarded,
passing over the read three times -af-
forwards. Hence this suit. The DIFF.
did not claim any actual damages, but
wanted exemplary damages for the
will shown. The case was sharply
contested on all sides. Verdict for
plff. one cent actual damages land $2.16
smart money. Aldrich & Shurtleff
for plff., Bingham and Dudley for deft.
Regal ". Jordan VS.. Gilbert Har-
ftn1Gn. This YVES an action to recover
damages for the non-fulfllment of a
contract, the def. made with the plff.
in the winter of 1872. 1t appears the
plff. made a sort Of q trade with the
dett. for twenty tons of hay. The plff.
claimed the hay was to be of the first
quality, for which he was to pay $14
ton, and that it was all to be as good
as sample the deft. showed the plf.,
and that the def. did not let the plff.
have but fifteen tons, and in conse-
sequence he was greatly damaged.
He also claimed that the def. refused
to oliver seven tons of hay after plff.
had pressed it. The deft. claimed the
hay was as good rs as he recommend
ed it, and that he never refused to
deliver the twehS tons to. the plf.,
and that the plf. refused to take the
hay be examined and purchased. He
claimed he was to retain q lien upon
the hay until it was paid for by the
plff., and that he had right to refuse
to deliver the hay unless it was paid
for. On the first question, as to
whether the plf. ought to have dam
ages on the contract, the jury found
for the dcft. On the second, as to
whether the def. had right to refuse
to deliver the hay after it had been
pressed, they found for the plff. the
sum of 1920. bingham and Drew
for plff., Aldrich & Shurtleff and Harris
horn for deft. .
Jesse FoTrfStuU VS.. Geo. Parsons.
Assumpsit for labor of boy. The
plff. claimed that lie hired his bov out
to Parsons for as long time as the boy
wanted to stay, and no longer; that
the boy hurt himself after he had
worked about two months and was
unable to work, did not do any thing
for some three weeks, and during this
time he told the def. he was not in.
tending to come back. Deft. refused to
pay, on the ground that he hired the
boy for the season, and lie left before
his time was out, and thereby lie was
greatly damaged. Confession Of SIS
filed Aug. term. 1872. Verdict fol-
plff. $4,000. Dudley for plf, Aldricl
& Shurtleff for deft.
The Jury were discharged Saturday
morning.
CASES TRIED BY THE COURT.
T0,on Of Pittsburg VS.. DaUid Blao.
Chdrd, ct dls., for balance due on Col.
lector's tax warrants for the years
1868 and 8. This case was tried by
the Court, it being nothing more than
theassessment of damages. After this
is disposed of tile case of PittSJurg vs.
! @. j. DaoJonh, ct. ais, for areas
upon their tax warrants will be tried
and tile business finished mp, so that
court can adjourn Tuesday night.
The term was very much shortened
in consequence of very large mum
Der Of cases having been settled
during the term, by the parties. There
are but FIVE cases left on the docket
which demand jury hereafter, and al
may congratulate themselves on the
result Of this terms work. The Cole
brook liquor cases were called ug