Spirit of the age. [volume] (Woodstock, Vt.) 1845-1913, 1875-01-20
STATE OF VERMONT,
WINDSOR COUNTY, IS.

At Term of the
County Court began and held at W Woodstock,
within and for the County and State aforesaid,
on the first Tuesday of December, A. D. 1874,
the New London Northern h. R. Company, of
the state OF Connecticut. corporation duly
chartered aud doing business in the State of
Connecticut commenced their action against
Eugene Merrill of Belchcrtown, in the County
Hampton, and State of Nassachus etts and II
Merrill and S. Merrill Of Windsor, in tie
County OF Windsor aforesaid declaring in
plea OF Debt for that the said Eugene Merrill
II. Merrill and ). Merrill. on the LIST day of
December, 1873, at Windsor. in tho County Of
! Windsor aforesaid, by their said writing, OBJ
llgatory of that date. signed with their hands
and sealed with their SEALS and here in Court
to be produced, bound AMI acknowledged
themselves to be indebted to the Plaintiff in
the sum o. two thousa-d dollars, 10 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 NJ, rrill having
been appointed to the offi,c of agent on the
New London Northern Railroad, in the state
Of Connecticut. and having accepted of said
appointment. and entered lpon tho perform
ance of said trust. should well and truly per-
form and discharge the duties of said Office,
and pay over to the Superintendent or Secre-
tary of said Company, according to law. and
the 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
Mer III accepted of said appointment and
entered upon the discharge of tho duties of
said o1tice at about the time of the late Of said
wr ing obligatory. and continued in the dis
charge OF said duties for long space of time,
to-wit until the - day of = 4. D 49,,
and in the discharge of the duties of said Of
flee, 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
lntendent or Secretary of said Company or to
any person or persons, emitted to receive the
same, said last mentioned sum of money bv
him 80 received as such agent. but the said
| Eugene Merrill retained out of said last mon.
| 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 Eug}ne Merrill, r.
Merrill or $. Merrill havo never paid to the
said Plaintiff, nor to any person or persons
entitled to receive the same. but on the con-
trdry, the said Eugene Merrill and the sad
Merrill and s. Merrill have ever neglected and
refused 10 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-
d!tion 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, II. Mer-
ril aud 5. Merrill said last mentioned sum of
Blk hundred and - dollars.
Yet neither tine said Eugene Merrill, Il. Mcr-
ril or s. Merrill hath paid the said last men
toned sum to the said Plaintiff, Or to anA per-
son entitled to receive the same, but to pay
the same tine Defendants have hitherto wholly
neglected and refused and still do neglect
and refuse, to tho damage Of the Plaintiff one
thousand dollars, to recover which dobt and
damages, with Just cost this suit is brought.
said suit being duly entered in the County
Court at tho term thereof begun AM held at
Woodstock, within and for the County of
Windsor. on the first Tuesday of December
A. d. 1874. and it appearing that the said
Eugene Merrill, one Of tho Defendants, was
absent from the state. 50 that legal service of
tho said wrir could not be made upon him, it
is ordered by said Court that tho suit be con-
tiaued, and that notice 20 the said Eugene
Merrill BIO given BY the publication of the
declaration in said writ, together with this
order, for three consecutive weeks In tho
SpirU Of me Age, newspaper printed at SAID
Woodstock, the last publication 10 be at least
twenty days before the Term of said County
Court next to DO held at Woodstock aforesaid,
on the fourth Tuesday Of May, A. d. 1875.
Therefore, you, tile 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 Couaty, this
18th day of January, A. D. 1875.
GEO. B. FRENCH, Clerk.
NOBLE & SMITH,
Attorneys for Plaintiff.