Spirit of the age. [volume] (Woodstock, Vt.) 1845-1913, 1875-01-27
TENEMENFS TO REN.r.
STATE OF VERMONT,
WINDSOR COUNTY, IS.

At Term of the
County Court began and hold at Woodstock.
on the first Tuesday Of December, A. u. 1874,
the New London Northern r. r. Company, of
the State OF Connecticut. a corporation duly
chartered and doing business in the State Of
Connecticut commenced their action against
Eugene Merrill of Belchertown, in the County
Hampton, and State of Massachusetts,, and Il.
Merrill and S. Merrill of Windsor. in tho
County OF Windsor aforesaid declaring in
plea of Debt for that the said Eugene Merrill,
r. Merrill and s. Merrill, on the LIST day of
December, 1873, at Windsor, in the County of
Windsor aforesaid, by their said writing, OBJ
ligatory Of that date, signed with their hands,
and sealed with their seals, and here in Court
to be produced, bound and acknowledged
themselves to be indebted to the Plaintiff in
the sum o. two Thousand dollars, to be we'll
and truly paid, which said writing was and is
subject to certain condition Hereunder
written, to the tenor and effect following to-
wit that the said Eugene Merrill having
been appointed to the Office of agent on the
New London Northern Railroad, in the State
Of Connecticut. and having accepted of said
appointment, and entered upon tho perform
ance Of said trust, should we'll and truly per-
form and discharge the duties of said Office,
and pay over to the Superintendent OF Secre-
tary of said Company, according to law, and
tho requirements of the Superintendent of
said Railroad, then that said writing obligatory
should become void but otherwise to remain
in force.
And the Plaintiff AYERS that the said Eugene
Merrill accepted Of SAID appointment. and
entered upon the discharge OF the duties of
said Office at about the time of the date of said
writing obligatory, and continued in the dis
charge Of said duties for long space of time,
to-wit until the - day Of "A. D 1877,
and in the discharge of the duties Of said Of
fee, the said Eugene Merrill received large
sums Of money belonging to the Plaintiff, to-
wit, the sum Of - dollars.
And the said Plaintiff AYERS that the said
Eugene Merrill did not pay over to the Super
intendent or Secretary of said Company or to
any person or persons, entitled to receive the
same, said last mentioned sum of money by
him 80 received as such agent, but the said
toned sum Of money the sum Of six hundred
and - dollars, which the said Eugene
Merrill has converted to his own use, and
which neither the said Eugene Merrill, r.
Merrill or 5. Merrill have never paid to the
said Plaintiff, nor to any person or persons
entitled to receive the same, but on the con-
trary, the said Eugene Merrill and the SAID R
Merrill and s. Merrill have ever neglected and
refused to pay said last mentioned sum or any
part thereof.
And the said Plaintiff AYERS that BY reason
of said breach in the performance OF the con-
dition of said writing obligatory, the same has
been forfeited, and that thereby an action
hath accrued to the said Plaintiff to have and
demand Of the said Eugene Merrill, r. Mer-
ril and s. Merrill said last mentioned sum of
six hundred and -- dollars
Yet neither the said Eugene Merrill, Il. Mer-
ril or s. Merrill hath paid the said last men
toned sum to the said Plaintiff, or to auG per-
son entitled to receive the same, but to pay
neglected and refused, and still do neglect
and refuse. to the damage Of the Plaintiff one
thousand dollars, to recover which debt and
damages, with just cost, this suit is brought.
Said suit being duly entered in the County
Court at the term thereof begun and held at
Woodstock, within and for tho County Of
Windsor, on the first Tuesday Of December,
A. D. 1874, and it appearing that tho said
Eugene Merrill one Of the Defendants was
the said writ could not be made upon him, it
is ordered by said Court that the suit be con-
tinued, and that notice to the eaid Eugene
Merrill be given by the publication Of the
declaration 10 said writ, together with this
order, for three consecutive weeks In the
Spirit Of the Age, a newspaper printed at said
Woodstock. the last publication to be at least
twenty days before the Term Of said County
Court next to be held ct Woodstock aforesaid,
on the fourth Tuesday Of May, A. ID. 1875.
Therefore, you the said Eugene Merrill
are hereby notified to appear at the said last
mentioned Term and answer to the said suit.
Dated at Woodstock, in raid County, this
18th day Of January A. D. 1875.
GEO. D. FRENCH, Clerk.
NOBLE & SMITH,
Attorneys for P'aintiT.