Vermont phÅ“nix. [volume] (Brattleboro, Vt.) 1834-1955, 1879-09-19

Susan Chase Us Geo. ". UptOH.-This was
an action of assumpst to recover the amount
of promissory note given for S19j. The
plaintiff claimed that this note was given by
defendant for money borrowed of her. The
defendant, Upton, claimed and testified that
he never had any money of Susan Chase, but
that he had an unsettled account with Abram
Chase, brother of plaintiff, and that said
Abram paid the money sought to be recover
ed in this suit to him, and for which he gave
this paper claimed to be a IL ote, and which
read substantially, Due the bearer S195,"
and which was signed by Geo. N. Upton.
Verdict for plaintiff, $22i.1O.
asa S. BCyd rs. Reeds6OrO This was an
action brought by the plaintiff to recover
damages sustained by him ON account of in
juries received by his wife growing out of the
insufficiency of the highway in said town.
The liability of the town was settled in pre-
vious suit of said Boyd and wife against said
town and which was tried in this court one
year ago. The question at issue in the pres
ent case was rs to the amount of damages.
The plaintiffs evidence tended to show that
his wife was seriously injured, but the physi-
clans testimony indicated that there was hope
of a final recovery with proper care and nurs-
ing. The defendant town introduced testi-
mony that Mrs. Boyd was not so badly injur-
ed as was claimed and that she had been
seen riding about some within year after
the accident Verdict for plaintiff, S91O.45.
Porter w. Ingram CS. John ". Moore apt.
This was an action of assumpsit to recover
Ia, Lalo In Tho ,,laiVIiH
of lands between the parties. The defendant
claimed this balance had been paid and
that he had given an order for the same upon
another party, which had been accepted as
payment. Verdict for plaintiff, S54.3j.
Henry Hall Us. JeHHisOn Il. Ihurber-
This was an action in which the plaintiff
claimed to recover for money loaned to the
defendant. Hall testified that he had in his
hands writ to serve upon the defendant
that lie went to Thurbers residence for the
purpose of serving the writ, and thereupor
the defendant wanted to borrow of him some
money and settle the claim that he loaned
him S3j and took a chattel mortgage or lien
upon some property of Thurbers and thai
Thurber executed and signed the note and
mortgage. The defendant claimed that he
did not borrow any money of Hall upon thii
occasion and that lie never signed any paper
to the effect claimed by the plaintiff. Verdict
for defendant
The following named persons were admit
ted to the bar this term of court Dexter l.
Stone and Milton A. Goodnow of Whining
ton, A. E. Cudworth of Londonderry Mr.
Stone is a graduate of Harvard and. Mr.
Goodnow and Mr.. Cudworth have been from
two to three years in college. All passed thu
examination in n creditable manner.
S. Wright Booker By HalIdCidy and B0aokei
administrators Us. DOOer.-This is an actor
on the case to recover damages for injuries
received by the late S. Wright Bowker on &C
count of the claimed insuficiency of the high
way in Dover. 1t appeared in evidence tina
Mr.. Bowker left his home in WilliamsVille OF
the 18th of August, 1877, to attend the cen
tennial at Bennington, that he rode over thu
mountain on horseback and in company will
Col. EIOokers staff of which he was q mem
Der; that on Friday, the 18th, he left Ben
nington, returning in company with Col
Hooker and others to Wilmington, where h,
remained until the next day. Saturday morn
ing Mr.. Bowker obtained a wagon and start
ed for his home in company with John Cut
ter of Worcester, leaving Wilmington abou
eight o'clock in the morning In coming
through Dover, near the residence of JOIN
Knight, the horse became frightened at SOM
calves that were feeding in pasture adjoin
ing the highway, and jumped suddenly to tn
right, From the evidence it appeared tina
MIR. Cutter at this time sprang from the wag
on, striking upon his feet, and when he turn
ed around he found that Mr.. BOwker, witt
the horse and wagon, had gone over AM
down an embankment, and saw the wago
bottom side up, the horse lying upon his side
and Mr.. Bowker upon his back and part
between the horses feet. Cutter immediate
ly fastened to Mr.. Bowker's aid, but befor
he could extricate him from his position, tn
horse, in attempting to rise, stepped upo
Mr.. Bowker's left chest. 1t further appeare
thatat the time the accident Mr.. Bow
ker was driving at the rate of or miles a
hour, and that there was no imminent
guard against the happening of the aecider
in the manner as here stated. Mr.. Bowk6
was taken TO a house near by, and after bein
stimulated and bathed in cider brandy an
resting for about half an hour, was assste
into another wagon and carried home. Upo
examination il was ascertained that he Ia
received a bruise upon his left chest and thf
his back and spine were severely injured
DR.. Gale and DIR. Campbell both testified thu
they did not expect he would recover fro
his injuries. 1t further appeared that fro
the time of the accident Mr., Bowker con