Spirit of the age. [volume] (Woodstock, Vt.) 1845-1913, 1875-02-03
STATE 81 OF VERMONT, f,
WINDSOR COUNTY, IS. (

c....o At Term Of the
county Court began and held at Woodstock,
"ltiiih ana ior tho County and State aforesaid,
On On ',Ic hrSt tuesday Of December, A. ID. 1874,
tho Mcw LONDON Northern Il. h. Company, OF
| the State OF Connecticut, n cornoratinn duIv
chartered and doing business in thc 80 nf
Connecticut commenced their action noainst
Eugene Merrill of Belchertown, in tho Gonntu
Hampton, and State Of Massachusetts and ~
Merrill and s. Merrill of Windsor, in tho
County of Windsor aforesaid declaring in a
plea of Debt for that the said Eugene Merrill
r. Merrill aid ). 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 u certain condition Hereunder
written, to the tenor and effect following to-
VIII that the said Eugene Merrill having
been appointed TO the OIL 20 of agent ON the
New London Northern Raroad, in the State .
OF Connecticut and having accepted of said
appointment, aud entered upon the perform
ance OF said trust, should well and truly pe-- .
form and discharge tho duties of said office.
and pay over to the Superintendent OF Secre,
tary OF said Company, according to law, and
the requirements of tho Superintendent OF
SAID Ralroad, then that said writing obligatory
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 a long space of time.
to-wt until tho - day Of = A. ID 1877.
and in the discharge OF the duties of said OF.
fee, tho said Eugene Merrill received large
sums of money belong ing to the Plaintiff, to-
wit the sum of - dollars.
And the said P ntiif AYERS that tho 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
INN so receiy AZ such agent, but the said
Eugene Merrill retained out of said last e. :
toned him 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 cor
trary, the said Eugene Merrill and the sid 4.
Merrill and s. Merrill have ever neglected and
refused to pay said last mentioned sum or any
part thereof.
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 T.. Mer-
rll aud $. Merrill said last mentioned sum OF
Xix hundred and -- dollars
Yet neither the said Eu, enc Merrill, r. Mer-
ill or 5. Merrill hath paid the said last men
toned sum to the said Plaintiff, or to aux per-
ron cutltled to receive the same, but to pay
the ZANE the Defendants have hitherto wholly
neglected and refused, and still do neglect
and refuse, to the damage Of the Plaintiff ols
thousand dollars, to recover which dabt a-d
damages, with just cost, this suit is brought
-aid suit being duly entered in the County
Court at the term thereof begun and held at
Woodstock, within and for the County Of
Windsor on the first Tuesday Of December,
4. y. 1874, and it appearing that the said
Eugene Merrill, one Of the Defendants, was
absent from the State, SO that legal service Of
the said writ could not be made upon him. it
!. ordered ~ said Court that the suit DO con-
tInusd and that Notice 10 the said Eugene
Merrill be given by the publication of the
declaration il said writ, together with this
order, for three consecutive weeks in the
Spscd u ne Age, newspaper printed at said
WpydstDck. the last publication 10 be at least
Cyur, next u be held a. Woodstock aforesaid,
~ the fourth Tuesday of May, a. D. 1875.
Therefore, You, the said Eugene Merrill
az befeby notified TO appear at the said last
mentioned Term and answer to the said suit.
Dated at Woodstock in said County. this
18th day If January, A. D. 1875
GEO. B. FRENCH. Clerk.
NOBLE Il SMITH.
attorneys for PlGintr.