Vermont watchman and State journal. [volume] (Montpelier, Vt.) 1836-1883, 1875-03-24
Orange County Supreme Court.
Hos. ions PmRroNr, Chief JUdge
Hos JAMES BARRETT
Hos lIoMrR T.. RoYCE assistant J""y'S'
lIoN. H. II. POWERS,

Z
The annual session Of III, supreme count ior
Orange county was begun at Chelsea, March 9Th
and was concluded on the succeeding Friday.
The following cases were called lamoille Val
lev Railroad rs Misssquoi Railroad Company, ct
ais, continued Mcssrs Brigham and Waterman
for petitioners: Mr. D. r. Fifeld for petitioners
Robert Clymie u.s. Cyrus W Scott Tho plain
til in this case is cigar manufacturer In New
York city, and defendant, though belonging IN
Well River, was for a time cigar dealer In the
metropolis. Plaintiff sued in assumpst to recover
a balance Of Sls2 81 for cigars sold defendant
and his partner Tnkham, and also to receive the
value Of seventeen thousand seven hundred cigars
loaned defendant The case was tried at the June
term 1872. Governor Peek being then presiding
Judge, when verdict in favor of plaintiff was found
for si,77O9 and costs By special verdict the
jury found that the loaned cigars were worth ST.
002 at the time they were loaned, the court hav-
ing ruled that the rule of damages was the value
Of the cigars at the time they should have been re-
turned Defendant excepted to the ruling, and to
the rejection Of certain testimony tending to show
the injury to defendants business by plaintiffs
neglect to furnish cigars according 10 contract
Judgment Of county court affirmed. Messrs les
lie and Rogers for plaintiff Mr. W Clarke for
defendant
Lucy A. Spear 10y Roswell G Curtis, next friend
and guardian, rs town Of Braintreo - Plaintiff
was an old lady partially supported by the town,
and the suit was principally Tor time and labor in
taking care Of her mother for the town. It was
tried by the comfy court without a jury and a
Judgment rendered for plaintiff The main ques-
ton taken mp to the supreme court was as to the |
running Of tho statute Of limitations former |
suit with the same cause Of action had been begun
in the name Of Curtis, and non-sutcd, and the |
court ruled that the statute begun to exist six |
years before that first suit Exceptions by defen- I
dant. judgment affirmed
Messis Philander Perrin and C. W. Clarke for
plaintiff MIR J W Rowell for defendant
State u.s. John C. Carlton The respondent was
convicted Of manslaughtcr ia the county court /
June term 1873 and the case went To the supreme
court ON exceptions, respondent claiming that the |
court erred ON allowing the accepted members Of
the jury to separate at noon, before the entire
jury had been drawn and sworn in, also in allow
ing certain declaration Of the wounded man TO
I 20 In as part Of the res gcap There is also
a petition for a new trial Continued on ac-
count Of want OF preparation, and permission
/ given to amend the petition in sixty days notice
to be given to the opposite party Messrs y L.
I'aN'iti Nti' MUMMY AiA Ntih 'tHAAN'ii ANt
the State MessS. VIM & 5 D. Hehard, c. "
| Clarke and Roswell Fanham for respondent
Samuel Street & Co., ts Simon C. sanl,orn
| This case was heard year ago and is still with
the court Mr. C. W Clarke for plaintiff Messrs
= VIM. & 5 b Hebard for respondent
j. ". Bliss ct ais, 49, Connecticut aud passunir-
sic Rivers Railroad Company 49, This was petition
/ for a depot at Hermout Crossing ia Brad
] 9
sioners ia February who reported uniavorably
Judgment according to report, and fun costs, in
Guiding witness fees, allowed IN remonstrants
Mr. C W Clarke FOR petitioner Mr. Roswell farm
/ ham for rem0nstmnts
John Montgomery Jane. y Wilson Ct ais
/ Death Of plaintiff suggested y. l. Boyden en-
ten as administrator 20 prosecute the suit, con-
tinued Mcssrs \ !. Boyden and u c Denison
/ for plaintiff Messrs philander Perrin, JAMES J.
/ Wilson, and W Rowell Tor defendant
/ Cordela T. Clark cs Town Of ThetiorJ -Ili.
was suit 10 recover damages for injuries by a
defective highway and WAS tried at the June
term, 1874 when a verdict was rendered for plain
til for s.. 39S 49, The verdict was set aside By
the assistant judges, the presiding Judge, Peck
dissenting on the sroand Of remarks on the mefits
OF the case in the presence Of the jury by Simeon
II Cooke, plaintiffs divorced husband who IA
yored her side. Plaintiff excepted to the ruling
OF the court judgment affirmed Messrs. VIM &
D Hebard for plaintiff Messrs c W Clarke
= W Rowell aud ; NJ Gleason for defendant
Br.ley and Walworth administrators Of g.
| " Bartholomew estate, IS. Daniel Burnhan.
Defendant was tax collector Of Chelsea and Bar-
tholomew refusing to pay his tax, went to Wash
ington and dstnined forty heeces Of wool. An
action Of trespass was brought against him, TO
which he pleaded the general issue and justica-
ton as tax collector, under rate bill and war
rant, replication he byurid Verdict for defend
ant The question before the supreme court was
the validity Of a written notice given by one Of
the listers Of Chelsea TO Bartholomew, informing
him of HE assessment for 1850 This notice stated
the amount Of the assessment, but didno, contain
a statement " the time and place Tor hearing
grievances The county court held the notice SUI
fcient. Decision reversed and case entered
With the court Messrs. C. " Clarke and ] ".
Rowel for plaintiff Messrs Richards and White
for defendants.
Henry Barnard rs Coriuth Copper Company
At the June term 1874, judgment was rendered
in favor Of plaintiff for 81 $40 45 damages and
costs, the value Of a certain number Of shares
Of the capital stock Of the company, which plain
til alleged the company unlawfully refused 10
transfer to him, The defendant took exceptions
to the admission Of certain testimony Judgmen,
affirmed without hearing. Mr. r NICK Omsby,
Of New York, for plaintiff Mr. Roswell Farnham
for defendant
Ferdinand A. Moses John Ballard Settled
Messrs. Philander Perrin and j. W Rowell for
plaintiff Mr.. n l.. Boyden for defendant
Elhainan l. Lille rs Elisha Lille ct als-Con-
tinued. Mr. Philander Perrin for the plaintiff !,
Messrs Dcnison and Boyden for defendants
Jacob A. Spear rs John Seymour ct als-Ths
was petition in chancery 70 foreclose a mortgage
There was dispute to whether the signer,
Seymour, had paid the second and third notes so
as to extinguish them in the hands Of the petit
TONER who claimed TO be their assignee It was
admitted that Seymour had paid the money for
the notes to the original holder and got the notes
into his possession, where it shown they re-
manned for long time, and the petitioner finally
get them by paying Seymour's wife 500 her hus-
band having absconded TO Canada Petitioner
claimed that Seymour, in buying the notes acted
as his agent simply, and that they were really pur-
chased by petitioner, and were not extnguished
Petitioner claimed that the money was loaned to
him To pay for them and oxtnguished them. The
chancellor, Peck, gave the petitioner the value of
the notes less $50 paid thereon by Seymour
Decree affirmed, Barrett, j., dissenting Messrs
n. L. Boyden and D. C. Denison for petitioner;
Messrs Philander Perrin and j. W Rowell for
petitionee.
VIM. Gabrielle, ct ais, as. Il. r. Dubois ct ais;
continued. Messrs. Philander Perrin and j. W
Rowel for orators; Messrs n l.. Boyden and C.
W. Clarke for defendants.
Charles W Piper and A. b. Davis rs Moses d.
Farr.-This was a bill in ehancery brought to en-
join petition for the partition Of certain land In
bradford, now pending in Orange county court
The orator, Piper, had entered into contract with
defendant to purchase of him the land In question
and engaged to move barn upon the land and
give defendant mortgage upon the whole as
security for payment. Fau gave Piper deed of
an undivided half Of the land and the latter then
refused TO take the remainder, and defendant
brought his petition for partition In the county
| court suit commissioners were appointed and the
land was divided, including the barn, which Piper
claimed TO be his sole property The chancellor
divided the land only into two equal parts and
did nothing about the barn; decree affirmed
| Messrs. Leslie and Rogers for orators Messrs
] Iarnham nd f,amball fnr dol