Vermont phÅ“nix. [volume] (Brattleboro, Vt.) 1834-1955, 1875-02-26
windham County Supreme Court.
FEBRUARY TERM, 1875.

The court met at Newiane, Monuay, fcp'
l5 Present, Hon. John Pierpoint, Chief
Justice; Hon. II. II. Wheeler, Hon. iona
than Ross, Hon. II. II. Powers.
Franklin Doolittle Us. +. Il. NdSh.-At
the April term of the county court judg-
ment was rendered for the defendant on
demurrer. The supreme court reversed
this decision and remauded the case to the
county couit
John VI. Patch C Vifo Us. Ph9nir ms.
Cb.--In this case the judgment of the coun-
ty court was affirmed. The Insurance Co.
issued paid up policy, and upon the mar
gin of said policy was a note setting forth
that the policy was a conditional one, or
that the interest upon certain notes which
had been given 10y the assured must be
paid when II accrued. 1t appeared upon
the trial of the cause in the county court
that this interest had not been paid. The
court held that this marginal note was
part of the contract, and inasmuch as it
had not been complied with, judgment was
rendered for the defendant.
VIM. j. Babcock & rife Us. Guigord.-
This case involved the question as to the
legality of notice given by the plaintiff
to the selectmen of Guiliord in regard to
the place in said town where Mrs. Bah
cock was accidentally injured. The court
held that statute requiring written notice TO
the selectmen must be complied with. and
in such a manner that the authorities of a
town can clearly ascertain the place whore
the accident occurred, and that a notice
given by the husband alone would be suf-
ficient if the notice was broad enough to
cover damages claimed by both husband
and wife. In this case the notice mention
ed the name of the highway without spec
flying any particular place in said high
way, and was therefore held insufficient.
The judgment of the county court was AZ
tirmed.
Lucius l.. Wiley Us. First National Bank
of Brdttlc5oro.-April term 1874. Judg-
ment for plff. for s3252 81. J. d. Whitney
VS.. same Sept. term, 1874. Judgment for
pl6. for S5527.36. There were exceptions
taken in both of these cases to the ruling
of the county court upon which the iudg-
ments were based. The question raised
was whether the United States law under
which National banks were established au-
thorized the officers of a bank to receive
special deposits. The court have decided
that the officers Of n bank have no author-
.ty 10 receive special deposits; and that if
cashier receive such deposits with the
knowledge of the president and directors,
II does not bind the bank. The court init
mated that there was an undertaking to
keep such deposits with proper degree of
care, but that it was not contract on the
part of the bank.
Geo. Norman, Treas, Us. Sttdg NJ Watt.
This was petition on the part of defend
ant asking the court to recall its judgment
and remand the cause to the county court
with an order that that court should re-
verse the judgment and allow the defend
ant to file plea to test the constitutional
ty of our statute which imposes penalty
upon bank officers for refusing to return
bank stock for the purposes of taxation.
The court said that the petition in sub
stance was for a new trial, but that the
Judgment of the court was not such one
as they felt disposed to recall or reverse,
even if the court had power to do so. The
object of the petition was to raise ques-
ton which would allow the United States
court to pass upon the constilutionality of
the statute in question. The petition was
dismissed with costs.
Chds. N. Davenport, Admr. Us. North
Eastern Mutual Life association. In this
case the court held that a suit cannot be
mafi,lalnet against an insurance company
by the administrator of the husbands os-
late when the policy issued by the compa-
by specifics that it is to be paid to the wife
of the assured and her heirs.
Hiram circuit as. Ralph j.. HoyOrd-
This case was heard by the court at the
February term 1872, and has been in the
hands of the court since that time. The
decision reverses the decree of the court
below, and the cause is remanded with an
order to enter decree according to man
date on file, by which a deduction of 500
is TO be made from the sum apparently due
ION the mortgage.
Julius o. Frost Us Charles DdpiS.-In this
case the judgment of the county court for
the defendant was reversed and case re-
manded to county court for trial.
Wm. Harris d Son as. Chds. Il. OSgood.
The plaintiffs obtained judgment at the
Sept. term on verdict for Sl6l.50. This
Judgment was reversed and cause remand
ed for trial on the ground that the charge
to the jury was difficult to comprehend
aud calculated to mislead the jury.
The judgment of the county court was af-
'tirmed in the following cases:
John w. Croker VS.. VIM. Johnson. Apr.
term, 1874. Judgment for defendant. Hor-
a Eairhrnt hpr y Iamng 4 IInWn Anr
term, 1874. Judgment for pin. Frank II.
Farr VS.. John r. Frost. April term, 1874.
Judgment for pln. Ralph L. IIosford VS..
New York Central r. r. Co. April term,
lS74. Judgment for plaintiff, 1904. Min
ME f. Smith VS.. Chester II. Wilcox. Judg-
ment for plh., $500. Francis f. Ray VS..
b. c. & A. J. Beden. April term, 1874.
Judgment for pln. Sl20. James T. Trask
Us. Tyler l.. Johns N. Sept. term 1874.
Jud gment for plf. S3S9.30. John L. Clark
ss. Wilmington. Sept. term, 1874. Judg-
ment for pin. for $4,000. Jacob Chase VS..
sehool district No. 70 in Wilmington.
Sept. term, 1874. Judgment for pllI. Sl5.-
~. Henry Adams VS.. North Eastern Mu-
tual Life Association. Sept. term, 1874.
Judgment for plT. s2S4.Ol. David Leahy
VI. Isaac X. Allen. Sept. term, 1874. judy
ment for pln. sl53.96. First National Bank
VI. Wardsworth Bros. Sept. term 1874.
Judgment for plG. for sos. Alison L. Will
der VS.. Wilbur Cook. Sept. term, 1874.
Judgment for plh. for 5000. Darius b. Lee
by VS.. ]. Henry Kidder. Sept. term, 1874.
Judgment for delt. The cases of Farr VS..
Frost and Leahy VS. Allen and two or three
olhers were not argued before the supreme
oourt, consequently the Judgment of the
oounty court was affirmed.