Burlington weekly free press. [volume] (Burlington, Vt.) 1866-1928, 1874-04-17

harness and some other property. of one
| Charles Thompson of Williston, for the sum
of $3.50, paving therefor $50 in cash. and
supposing that he gave his note for the bal
ance The note given, however, was for
only S75. The defendant claims that the
wagon was not included in the property
| bought. and that the amount paid for the
residue of the property was S225. The
wagon in question was in the possession OF
the defendant of record, who refused to de-
liver said wagon to the plaintiff by order OF
said Thompson, whereupon plaintiff has
brought suit against the defendant for the
conversion of said property. Messrs. r. Ii.
Start. r. p B. Hewitt and Il. f. Brownell
for plaintiff; Henry Ballard and L. l..
Lawrence for defendant.
SATURDAY, April IL.
At the opening of the court. this morn
ing. the Jury in the case of Hall vs.. Town
brought in a sealed verdict in favor of the
plaintiff for one cent damages and costs.
The testimony in the case OF Brownell IS
Talcott was closed this morning. At the
conclusion of the opening arguments for
the plaintiff and defendant by Messrs.
f. F. Brownell and Henry Ballard, respee
lively, the court was adjourned till Mon
day morning at 10 O'Clock.
TUESDAY, April II.
. e case of Brownell VS.. Talcott was
81, 4 TO the iurS shortly after three o'clock
Yesterday afternoon. After being out half
an hour, they brought in a verdict IN favor
of the defendant.
The case of George T. Smith vs.. C.. 7.
Brown was then commenced. This was an
action of general assumpsit cor the balance
of one of two promissOry notes which the
plaintiff received of the defendant in the fol-
lowing transaction In November. 1864.
plaintiff sold defendant one carriage and
two sleighs for the sum of !S325, receiving
in return therefor two of defendants notes
for Sl62 80 each. The first of these
notes plaintiff shortly after sold.
In April, 1870, the plaintiff, on
the solicitation Of defendant, was in
duced to give up the second note IN return
for the two sleighs which he had sold de-
lendant for Sl75, said sleighs being at that
time in the barn of l.. lIerrick of Wnooski,
who, a. plaintiff afterwards ascertained,
claimed to hold them as collateral security
for money due him by the defendant Sub
Sequently the plaintiff released to Herrick
said seighs for the sum of So in cash and
the promise of the defendant to pay him the
balance of $3.50 with interest rs soon rs
he was able to do 50. This latter sum Is
the amount sued for by the plaintiff, it be-
ing claimed that at the time this suit was
brought defendant was abundantly respon-
Sible for the amount due The plea is gen
eral issue and offset Mcssrs. O. p Ray
and Henry Ballard for plaintiff; Il. II.
Start and Charles Russell for defendant.
The case OF Smith V. Blown was given To-
the jury at noon to-day. They had not
returned a verdict as we 20 to press At
the opening of the afternoon session the
ease Of Daniel Il. Meigs v. Smith. Brainerd
and Others was commenced This was m ac-
ton on the case for negligence of the de-
PENDANTS servants in not opening the
draw in the Vermont and Canada Railroad
bridge near ROuses Point. 10 permit the
passage OF the plaintiff vessel in the month
of September, l-6s, whereby it was injured.
The case was first tried at the September
Term, ls72. and was subsequently heard
on exceptions before the supreme Court
Messrs. K. IL. Start and F. r. Hard for the
plaintiff and l.. l.. Lawrence, Guy G. Noble
and Daniel Roberts for defendant
WEDNESDAY. April 10.
la the ease Of Smith vs. Browa. the jury
yesterday afternoon, brought in verdict
Tor the defendant.
The trial of the case OF Moigsys Smith,
Brainerd u as, will probably continue for
the next day or two.
Tie direct testimony OF the plaintiff iu
the case of Meigs =. Smith. Braincrl o. r.s.
was concluded at noon to-day.