Essex County herald. [volume] (Guildhall, Vt.) 1873-1964, 1876-02-19
Court Record

COOS COUNT1-NOETHERN DISTRICT
Thomas Piper gS. James IL. HiIliard,
ct ais. This is an old case which has
been standing on the equity docket,
making more or less progress for the last
six years.
Both the original parties have deceased
since the commencement of the case and
the suit is prosecuted on both sides by
their administrators. An issue was sent
to the jury to determine whether Jenni-
son & Crane at the time of the levy of an
execution in 1869 had actual notice of
Pipers claim and whether it was honest
and just. Verdict for the plf. on both
questions submitted, viz. that Jcnni-
son & Crane had notice and also that
Shurtletf, their Atty. had notice. The
case goes to the Law Term on except ions.
D0rlgin r. Shatucb rs Josiah Abbott
and asa T. Barron. 1t was on an account
annexed to the writ, for At starch casks at
$1.l0 each, with some credit. The ques-
ton in dispute seemed to be as to the
number Of casks drawn at one particular
load, the plf claiming that it was 80 and
deft, claiming that it was but 10. The
plf. testified that he made q minute at the
time and introduced his bosk, with the
minute on it that Abbotts team hauled
two loads, and that he hauled one. And
that he gave an account of first load to
Abbott, and the other two loads were
hauled afterwards. Abbott testified that
plf gave him the account after all the
casks were delivered, and thirty was all
that was furnished. The case had been
referred under q rule of court, hearing
had, and report in favor of plaintiff put
in evidence. Verdict for plf.
Barker, for plf., Harthorn and Aldrich
for deft.
Moves & Ross VS.. J. G. & Z. j. Blodgett.
This was a special action on the case for
fraud in delivering poor quality for
good No. l apples. The plaintiffs live in
Barnston, Canada, and the defendants in
Kensington, Rockingham county. The
plffs. claim that they bought several car
loads of apples Of defendants, for the
purpose of shipping them to Canada, and
that they were to be good No. merchant
able apples that the apples were marked
"B. >" (meaning Baldwins, No. /, and
that they sold 40 barrels to one man, who,
upon opening them, found them to be, OF
poor quality, not above the average OF
No. 2 apples, and that in consequence
thereof they had to discount q large sum
in gold; also 80 barrels to another man,
with similar result; and also that by
reason thereof they lost the sale Of sew.
eral other carloads, the damage in all
amounting to $500. The defendants
claimed that they have one of the best or
chards in that section of the State, and
that their apples were good-tAat to
maintain the action, which is case, and
not for breach of contract, the plaintiffs
must show that the aples were picked
packed, and marked, deceitfully and fraud.
ulently-the defendants could in no case
be liable for more than the damage on the
apples delivered and was not liable fol
any loss the plaintiffs might have suffered
on account Of not selling the other apples
that as to two carloads, the contract
was within the statute of frauds, and
void-that in 1874 the apples were small
: on account of its being a very fruitful
season-that the plaintiffs viewed the ap.
pies on the trees, and bargained for al
they had-that it was agreed that No. ]
apples should be smooth free from worm