St. Johnsbury Caledonian. [volume] (St. Johnsbury, Vt.) 1867-1919, 1875-01-01
Caledonia County Court. Dec. Term'74

w. II. Preston, Sheriff.
Walter p. Smith. States Attorney.
No. I24. AIrm Presby rs. Orrin
Young. Assumpsit for labor. Both
parties concede that if anything is due
to plf. the balance is S2S. Plfs evil
dence tended to show that he let him
self to the def. for six or seven months
if both parties liked, and parties were
to find ont whether they liked each
other before having. Plf claimed that
before having he left deft's employ be
cause he did not like; and the reason
was because he had to get up by 3
o'clock and work until or 10 ut night.
Deft. SwOre that plf. agreed to work six
months without any condition that
when plf. left he had begun his haying.
/ The court ruled that plf. had no legal
right to leave after having begun; and
that the fact that plf. had to get up
early and work late was not il legal
cause for quitting deft'S employ. The
count left it to jury to say whether drtt
at the time plf. left had begun his hay
ing, and whether contract was as plf. or
dcft. claimed it. The defence WAS il
very strong one, and the verdict was
for delft. to recover his costs. Eaton
and Smith for plf. Brown and Dickey
/ for dett
No. l55. Triton Mcfarland SAFE Co..
rs. q. II. Tisddle. Assumpsit for IA safe
for which def. in February 1873, gave
his written order to plf7s agent. The
safe WAS shipped February %, and was
received 10y dcit. March ;, 1873, taken
10y him to his store. and there kept till
October Is. Is73, when delft. put safe
on cars and returned il to Boston. Pits.
refused To accept the safe. Deit.
claimed that the safe lock was imper-
feet, of which defects he wrote to pltS.
Plfs. offered to fix up the safe lock if
def. would ship the door and lock back
/ to them. This delft. refused to do.
Court ruled that the safe became dett'S
10y Keeping it in the manner he did.
Question of fraud WAS submitted to jul
ny. Verdict tor plfs. SSl.0. all plts.
claimed. MAY and Brlden for plfS.
Blodgctt, Burke Il Bates for def.
No. l67. Loren HumH,y rs. q. II. d,
j. VI. Weeks. A-sumpsIt for two hun
bred and one bushels of POTATOES sold
to dettS. Plea tender of 81 and IL
notice that drtts had been injured t"
amount of some so 10y reason of the
failure of plf. to fulfill contract. The
plt-s evidence tended to prove that he
merely bought p"tatucS at Il commission
of five cents per hushrl. Dett>' cVi-
dencc tended to prove that plf. agreed
To furnish two ear loads and only fur
ni-Ird POI bushels. Verdict for plf.
S9I.l2. Brldru \ Idle for plf. q. W.
Cahoom for drit>.
No. ll3 7own IF HdInd rs. John +.
lddn,s and "thcrS. Debt on bond given
10y delft Adams as principal and several
other is >uretieS. for support of Il has
tnrd child. alleged To have been hegot
ten 10y said Adams upon the body "i
Elizabeth Mason. 1t turned out that
the bond was given some six months
before ANY child WAS born Defence
that the bond was signed lay said Adams
while under durcs>. and through fraud
There was some qui,c interesting testI-
mnnN as to the part some OF the town
officers took i'll procuring this bond. and
Indicated that there is some sharp men
Vet left in Caledonia County. Adams
Sworc he wanted to send for and Sc,
counsel but his request WAS not granted
Court submitted the question /" jury
whether the bond was the bond al
d Adams. and if il was, how much dam
age had plt>. sustained. Verdict that
instrument is bond of John +. Adams
but is not bond of the other dcttS
Brldrn y Idle for plfs Smith and Lam
son for dcttS.
No. Ia. DdrM TruH rs ToWn o.
: IVcStn,orr. Case for damage to plf. and
l his team 10y reason of the inSutficicncl
and want of repair of highway. De
: fence. want of proper motto" and moi
guilty. The same facts III this case ap
pcarcd a> they usually do liz actions tol
damage on highway, stones, holes. ano
narrow. crooked road bed. Bcldcm \
Idle for plf. Grout for delft.
No. l56. Ephrajm HdrtshoIW rs
I iaron N. Smith. Action on Il promi>
sorry note given in IS6G. Plea, statut,
! of limitations. Replication. Il payment
: and new promise within six Years. TIL,
, only question litigated was as to tn,
time when Il certain payment was mad,
upon the note the plf. claiming that
+ the payment WAS made i'll Oct. lS6S
and def. claiming it was made Oct. 3
ISti7. The endorsement was dated Oct
: 3, 1867, but Court permitted plt. t,
. contradict date of the endorsement
: Verdict for plf., $973.l0. b. y. Davi,
and Bclden for plf. C.. Ii. Davis an(
Bartlett for dcft.
! Newport has been two Years without
postmaster, and the hcsitancN of Rep
+, rcscntativc Ilendec to appoint eithe
one of the two competing republican,