Bradford opinion. [volume] (Bradford, Vt.) 1874-1881, 1874-10-17

Nelson 5. Forsyth,
VS.. In ChancCry
The Granite Agriculture Orange County
al Works of Lebanon, N. December Term,
H., G. b. Mahan and A. D., 1874.
National Bank of New
bury, Vermont.
Nelson S. Forsyth of Newbury, in said
county of Orange, having filed his complaint
in tho above written cause; in the office Of the
Clerk of said Court OF Cllancery. Setting
forth in subs lance, that, on or about the 9th
day of June, A. d. 1874 he was solicited by a
person who pretended to be the agent Of said
Agricultural Works of Lebanon, N. H., to buy
two Moving Machines, known and called the
"No. Granite Moving Machine of the New
Model" and he, said agent, represented to the
work and were valuable machines. That af
ter much talk on the part of said agent, the
orator bargained for two OF said machines.
at and for the price of seventy dollars each,
being one hundred and forty dollars for both,
as appears by the contract in writing attach
ed to orators petition and made a part of
the same. And the orator says that he exc
cuted and delivered to said agent his note Oh
said Oath day of June, A. d. 1874 for the
sum of one hundred and forty dollars, made
payable to the order of G. b. Mahan, Agt.,
ninety days after date, ut Wells River Nation.
al Bank, Wells River, vt. That said note was,
by said agent, dated June |, 1874, but why it
was dated back orator does not know but be-
lieves for some fraudulent purpose and object
That it was agreed that said machines were
diatelv ot Roltonv;1ja Ianot in said town Of
Nowhy,ry and FRAT tboc we've to Lo al a,;j
depot within one week from said 2lth day OF
June, 1874 That said agent agreed that said
note Though payable upon its face without
oomna ,,a,'oIIo' oxo",,t n"roo.hIs, t tIa tar,s
n nj odrms;; Jaro+ ;nnS iwoo;foJ "a o+ fortL T.;
tho so;I r,rtton odmtraot " An5 tha o"n+n dr
obarr.s in so;J iii thnt La boi;a,,os that sa;d
enaI SeS IN si" vi. .l"1 ne peliJVes ti,'I siiG
s; ID. M Wan ~ tte person VINO mace anu
na u ~ ' W ~ say rs
',op Pc iI .;n,,i4,'i w. - NV ny t Ioio
t,o ',,, " t ha;a, tat sa; W a .,i;S
O. ,1, .'. Val S",t t'iai"a ".I sun
thn nv, osnnnsi,e d ths aro f,,rth u,
oI iJ t tti i; ~; ~ LII H. nv ~
vn" Ses "nu e.Is noi y, e"ie. VII .n"V s1io
;,'n ny u'' oi .ol WIZ soit VI oe
vat, d ' ,hat i as ~ ia lG ;,t VI
purchase , anu tna' i. was iot t'e intehtion OF
ane sala Gfail1'e e Hsr'Sn, l WORKS, Their
"oen'' nor s'.iu y. d. m.,l"li' ~ ueAyer sila
machines, put tha' tncy intended TO sell OF he,
so.'a.e saiu ho'c wHt'e current, anu compel
the orator 70 pay saio note. contrary 10 SAID
a; ;nu asieea,,en.' "i'ho1'' uelverlng
s : naEhi mes 10 9fa'2r' ana iurther set
ing 1ortm that sara =. ID. Mahah Is endeavor-
ing to sell and transfer said note and that the
No lhahanl mas i1r tnaI purpose sent salu
hote 10 the saiu Natlohal Bank OF NewDury
ana III whose possession sad note now Is to
ne ., soid ana discounted whlle current, SO that
inc orator may. DC coihPeIieu TO pay the same
without receiving sald machines, ana IN dl-
Tsct 'loia!loii Vi saiu epntract ana agreement
l hat saio no,e orator mas 2eeh informed ana
peiieves was ie'l az saiu niilk lor tne aiore,
saiu purpose ana o"lecI' on the same day SAID
i was gwen. ana lufther setting forth
Ina sa,u n macniles WILL not 40 good work
put are worthless as moving machines. That
said i. machines, nor either OF them, were ever