Bellows Falls times. [volume] (Bellows Falls, Vt.) 1856-1965, 1874-04-24
Windham County Court
NJ NH 7 IsINW II
SECOND DAY.

SECOND DAY.
Gilbert CLARK v Loekhart Wellman parties
live in Guilford This was an action of trover to
recover the value of five tons of hay, The plain
tiff testified that he and the defendant owned each
an undivided half of a certain scaffold of hay, in
the barn OF the plaintiff, estimated at about three
tons that the defendant without the consent Of
the plaintiff, took and carried away the whole Of
said hay with the exception of about four hundred
pounds, and converted the same to his own use.
The defendent offered evidence tending to show
that he and the plaintiff were the owners Of the
hay in question; that as it was difficult matter
to divide the hay where it was situated they agreed
to draw ii to the village and have it weighed /;
that the plaintiff neglected to assist him at the
time agreed on and that he drew away portion
of said hay, but less than his share of the whole.
The Court instructed the jury, that the defendant
had the right to take one half of the hay, and if
they found upon the evidence that he did not take
more than his share, the plaintiff could not recoy
er. Verdict for the defendant Follett and Wa
terman for plaintiff. Haskins aud Eddy for de-
PENDANT
John Patch and wife v Phoenix Mutual Life ylns
surance Co. The plaintiff failing to make out a
p,iaa Jdcie case the Court directed verdict for
the defendant, c, N. Davenport for plaintiff Ty-
Ter and Eddy for defendant
VIM. j. Babcock and wife Guilford, This
was an action on the case to recover for an al
legged injury sustained by the plaintiffs wife by
reason of defect in the highway of the defend
ant town. The case was tried at the last Septem-
Der Term of the Court, when the jury failed TO
agree on a verdict In this Court objection
made to the notice given by the plaintiffs to the
defendant, as not being in accordance with the
requirements of the statute. The Court ruled
that the same was defective and ordered verdict
for the defendant. Haskms and Eddy for plain,
tiffs. c. N. Davenport for defendant,
John w Croker, apt William johnson, This
was an action of assmasjt to recover $40 paid by
the plaintiff to the defendant as stake holder in
wager made between the plaintiff and one Under
wood. The plaintiff losing the wager. soon after
demanded his money of the defendant but not I'M
til after he had paid it to the winning party,
which resultedinthe plaintiffs losing his case also.
Verdict for defendant Croker and Tyler for
plaintiff, j. G. Eddy for defendant.
Frank II. Farr John r. Frost parties reside
in Brattleboro. Action of trespass on the case to
recover the value of certain horse of the plain.
tiff, which was killed in August, 1874 on Elliot
St. in the village of Bratteboro, by reason of
collision with team driven by the defendant,
The jury found that the collision was caused by
the careless management of the defendants team
Verdict for the plaintiff, $275.74 G. w. & c.
N. Davenport for plaintiff. Haskins and Tyler
for defendant.
Erasmus A, Plimpton Henry W. Kingsley,
apt. Action of assumpsit to recover the value OF
2 1000 palm leaf hats, which the plaintiff alleged
he sold and delivered to the defendant at his store
in Rutland in 1863. The defendant denies ever
having bought or received any hats of the plain.
tiff, Verdict for the defendant. j. G. Eddy and
c. N. Davenport for plaintiff, Waterman and G..
B Eddy for defendant.
Henry w. Walker sylvanus Clark, apt;
parties reside in Wilmington. The declaration
containing the common counts and six special
counts in assumpsit, to recover for two pictures
by the plaintiff for the defendant
and his wife. The defendant refused to receive
and pay for the pictures on the ground that they
were not made according to the contract The
jury however thought differently and gave yer-
dict for the plaintiff. S. T. Davenpor and Has
kins for plaintiff o. Butterfield and C. N.
Davenport for plaintiff