Burlington weekly free press. [volume] (Burlington, Vt.) 1866-1928, 1876-01-07

1t would imply that l supposed you
: Honor was not familiar with the com
mon course Of equity jurisprudence
And yet my friends try to Brighten you
by the buSbear that If you grant ,
temporary relief Of the character ask
ed for, you are to grant execution be
: fore judgment. confess II had no
got SO old As not to be surprised a
anything, should have felt surprised
. at gentlemen so learned as my Learned
adversaries are, undertaking to cit,
your Honor to propositions of thai
kind. 1t is quite unnecessary, think
!. to pursue a debate of that character
any further.
Now sir, let US consider a little
what this answer does set up as a de
fence to this case, either on questions
of temporary or on questions of per
manent relief. Here it is, on the fifth
page. These petitioners further an
swering say, that during the negotia.
tiOns and before the execution of said
contract, John B. Page, President Of
the Rutland Railroad Company, aoting
for and in behalf of said company
made q statement of the earnings and
| tApCnSCS Vi st4u Aullduu
Company etc " and did falsely and
fraudulently represent that the Rut.
land Railroad Company was in a
highly prosperous condition" Would
that be a ground, supposing it to be
entirely true, to set aside a note OF
hand given for a French horse,
your Honor? If my brother I'm,
derwood wants a French horse, we
go out and look at him, and go all
around him, trot him up and down the
street, and | say" Brother Underwood,
this is a highly prosperous horse, a
great horse" and my brother buys
him. When | sue him on the note, he
says: am not going to pay for that
horse. L am going TO keep him but
| won't pay for him. because he was
not a highly prosperous horse, he was
poor. could not get out of him more
than 2:40 gait. when 4 2:20 gait is
the slowest that a good, respectable
lawyer ought to 60" Would not you
be laughed out of court d: OF course,
you would.
Then we come down in the answer
to something more definite; of course
that part of it is joke SO far " That
its earnings or income for the then
| preceding years, that is the years of
| 1868 and 1869, were a million Of dol
lars or more, and in the years ls69-70
while the amount had not been fully
made up, enough had been ascertained
to enable him to state that the earn
ings exceeded million of dollars, aud
that they were constantly increasing,
Z haI
ing TO be operated for 50 per cent. Of
its gross earnings, and could be ope-
rated for less SO they represent that
the President of the Rutland Railroad
Company, one of seven directors, or one
| agent, If you please, alone, of the Com
pany, made certain false representa-
ton. Not false representation, a.
stated by Chitty, TO which my brother
Underwood referred, which entered
into the contract, became part OF it,
but a false representation rs an induce
ment, preliminary circumstance. not
a false representation As to the cOndi-
ton Of specific thing that was 10 be
turned over but false representation
in respect OF something that that thing
had been able to do something IL had
ftNh dBAt " W. - 4 constant
force TrOt 2:20, to continue the illus
tration: Now horse who has once
trotted 2.20 We will suppose. those Of
Us who do not know anything about "a
horse, is pretty likely TO 10 it again,
but those who do know about a horse
know that he may not do 10 again. [
Will assume for the sake Of the srgu
ment, because wish To give NV friend
on the other side the benefit OF every
doubt, ! Will assume that i'm the case
OF my representing that the horse
could trOt IN go, that II WIS dylrrCi
by the purchaser that be bought him
because he could trot in 2.2O and that
was the chief iuiucemeut which led
him to buy the horse. and it turned
out that he could not trot in 2.2O. ami
never Lad, that would he a good rea-
son tor resembling the contract aud
bringing an Independent action for
damages. But supposing this man
had bought the horse because he want
ed TO match him with another horse
he had that didn't trot i'm 3.30. that
never trotted in j,2O-lO.4O. to use the
United States Bond illustr;ttion-do
you suppose he could turu round and
say TO me then. because he found that
putting the horse with the other and .
driving them together, he didn't trot I
In 2,2O, ! could not have my pay Yet /
this j. this case Why. GOV Smith .
wanted this road, and ia the course OF T
the horse TAX IN the negotiation. he f
states that Gov. Page told him the .
road had earned million OF dollars.
when 30 was irOttIng alone Now .
Governor smith SAYS, a. be tells your .
Honor that what he wants this road /
Tor. j. FOR the control OF facilities. u
they are called He wishes % drive
these two roads together, consolidate
them practically into one enterprise
Or what consequence j. it To him.
that being the motive and that being
the purpose whether this road had T.
earned a million, or whether 10 had
earned five hundred thousand dollars
i railroad such a constant quantity.
even a. 4 fast horse. your honor. iu
respect of what It can do a. that ,y-
erynudy ha, right 10 purchase &C. for
a particular purpose because IL has 1u
a particular year earned a particular
sum of money Can ii Dee said OF The
best road in the United states. 100 The
last five years. that the amount of IFS
gross receipts in any one dchued year
was any guide at all 20 what u had
lone the year before or could do the
next: No sir. There arr a thousand
elements of uncertainty. The vicis-i-
ude> OF food and of fortune. CONNER
;ial panics, reyulsious, floods. the loss
,f crops, great crops. great trayel. cpl
iemics, thousand circumstances that
10 man can measure and could scarcely
De mentioned in a whole night NAV
give You million dollars this wear.
nay reduce you TO half million next,
nd may give You two million, tie ;
bird year Ii does not do therefore 70 {
ome into court Of justice 10 Offer to Z