Burlington weekly free press. [volume] (Burlington, Vt.) 1866-1928, 1878-03-08
U. s. District and Circuit Court. - February
Term.
Hon. HOYr II. WHEELER, Judge.
b. Il. SNALLEY, Clerk.
GEo. r. FOSTER, MarshIl

FRIDAY, March l.
At the opening of the court yesterday
morning. the counsel in the case of Nc
Car.hy VS.. Vermont Central Railroad Com
pany ct al, announced that as the case had
been settled BY the payment to the plaintiff
of a sum which was satisfactory to him the
trial of the else was discontinued
The trial of the ease of Joel H. Gates
assignee of the Burlington Cotton Nil!
Company, bankrupt, VS.. the WlnOOski
Lumber and Water Power Company. oc-
cupied the remainder of the morning. This
was an action OF assumpsit brought by Mr..
Gates as assignee of the estate To recover for
the value OF certain lumber and material
which had been procured to build dam
prior to the bankruptcy OF the Burlington
Cotton Mill Company, and which the plain
tiff claims came into his possession as
assig nee. and with his cOusen: was sold BY
the deiendant to the WOollen Mil Company
the payment for whic Wa- received by de-
fendant and which they subsequently re-
fused to pay over to the plaintiff Messrs.
WhittemOre X Wheeler, W l.. Burnsp and
d, Roberts for plaintiff ; f. r. Hard for
defendant.
AT two O'Clock the jury brought in a YER
diet of S77S.2S in favor Of the plaintiff.
The next cause was that of the National
Union Bank OF Swanton VS.. &. p. Taylor.
This is an action OF trespass on the case for
false representations. 1t appears that in
Decembe ber, 1872. one j n. Taylor, OF Stan
stead, Canada, obtained Of the plaintiff,
through his sen. the defendant, four drafts
drawn on A. l.. Waite II Co, OF Lowell,
Mass the amount of each being 81 900, ON
iorty-eight days time. They were ali ac-
cepted by Waite 4 Co. but have never been
paid. The discount was procured by the per-
sonal application IF .he defendant. who
drew the drafts his iather having signed
them. The claim of the plaintiff Is that the
drafts were discounted on the special repre-
sentation of defendant that they were drawn
against property which had been already
consigned TO the dra@ees and tnIt they
would be paid IRON the proceeds OF the sale
of this property, while in fact no such con-
signment has been made, but instead
that the drawer WAS IN reality already
largely indebted 10 the drawers also
that at the tine oi the discount a pOr
ton of the amount wa- paid u the de-
iendaEt in light drafts iur the pdrpo>e, aS
the defendant alleged, rl making purchases
OF produce for the draweeS. instead OF
which the drafts were immediately forward
ed to the drawces and by them were enter
ed to the credit OF j. n Taylor 10 pay his
previous Indebtedness to them. The de-
fence is that A. l.. Waite 4 Co, the drawees
of the drafts being extensive commission
merchants and OF undoubtsd ptcuulary re-
sponsibIlity, mace an arrangement prior to
1872 with j n. Taylor to purchase pro-
duce on their account, and snip the same to
them at lowell. Mass. la this arrange
ment it was agreed between them AMI the
plaintiff that Taylor was to draw un them
through the plaintiff, which drafts they
would accept and pay and III this way thou
sands Of dollars had been raised to carry
on the business and subs quently paid.
In the Fall ui 1872. in conse-
ouenee OF the illness Oi Mr.. j. n. Tay lOr.
he requested the defendant, G.. 7 Taylor his
son who was att Alhlns A. matter OF ac
commodation iOr him 10 negotiate the
drafts in question, aud he dbl - without
making any representation OF any kind,
acting only as the agent ui his father
In January 1878, WAITE II 90, having
failed, the drafts were not pad, and hence
this suit. Messrs L A. SIwleS and +. X.
Hard for plaintiff Il. {. Noble and Ii. )
Royce. for defendant.
On the offering OF testimony 10 show
parOI representations oi the facts claimed
by the plaintiff, the court held that on the
OF the Vermont statutes they
were precluded from thus showing the
same, and the jury were ordered to bring
an a verdict for the defendant, to which
ruling the plaintiff excepted aud the case
will be passed to the Supreme Court OF the
United States.
There being no other jury cause ready
for trial, tho jury were excused until
this morning The remainder of the
y afternoon was taken up with court hear
ings.
The entire day yesterday was occupied
with putting IN the testimony in the case
of Samud +. Prentiss, receiver, ". Jod II.
GATES, assignee # the Bm lingtOn Cotton
Mill Company, bankrupt This Is an action
of eiectment brought by the IlIlntIif as re-
ceiyer of the Bui lpgton Cotton Mills,
New York corporation, against the BurlInS-
ton Cotton Mil Company a Vermont cor
poratior, and now IN bankruptcy. The
l. ,Intitf claims title to the whclc ct the
cotton mil property near WinoOs&I, valued,
a. he tl,ims, at SlsO,0Oo, by virtue "i
decree Of the Supreme Court OF the State 0i
New York rendered IN an action IN iaSor
Of Jonathan Tay lIr vs. q Orge Il. ana JOna-
than Eai a. uthcCrs ot both corporations,
and also against both corporations a. de-
PENDANTS Said decree purports to set aside
the deed of said property from the BurlIng-
ton Cotton Mills To the Burlington Cotton
Mil Company dated January ., 1875, un-
der which deed tho latter corporation held
and operated said mills mp to tho time OF its
In March ls76, and under
which said Gltes. as assignee, held until
the property was slld to +. NJ. Van Sick
Ian i, Junc Is77 Stid TAYLOR CLAIMS