Vermont watchman and State journal. [volume] (Montpelier, Vt.) 1836-1883, 1879-10-01
Washington County Court.

for trial to occupy the court for six weeks more
It is expected that the grand jury will make their
report sometime this week. and the criminal cases
will begin next week The following is a list of
the cases tried
George w Parmenter u.s. Sherman Caswell
Messrs. S c. Shurteff and Charles W. Porter for
plaintiff, and Messrs Joseph A. Wing and J. o.
Livingston for defendant This was an action for
the violation OF the new fish and game law. The
plaintiff brother Calvin parmenter, was occu-
pying a farm OF the plaintiffs in Fast Montpelier,
holding under lease. lie at once proceeded to
"post the Mallory brook which runs through
the farm and not long afterwards spied Mr.. Sher-
man Caswel fishing, with entire indifference to
the signs, upon the posted territory. Proceeding
to the locus in quo, Mr.. Calvin Parmenter had an
interview with the defendant, in which the de-
PENDANT expressed his utter disregard of the law,
and gave II ms his opinion that the law wasn't
"worth d-n." lie was then informed by Mr..
Parmenter that he would give him chance to
dispute its validity in court Whence arose this
suit The defendant did not appear, but his coun-
sell while admitting the facts, claimed that the
county court did not have original jurisdiction in
the case, inasmuch as the damages claimed were
only So but that 1t should have been brought
before a justice. They furthermore defended on
the ground that the wrong party was made plain
tiff, that Calvin Parmenter who held posses
sion as lessor and upon whom the trespass was
committed, should have been made plaintiff and
that his brother George W. could not, therefore,
maintain the action The counsel for plaintiff,
however, claimed that the suit was within the
original jurisdiction of the county court, becauset
involved the title to the premises and that rs the
fee of the farm was in George W, he was properly
made plaintiff. The court ordered verdict for
the plaintiff, in order that the questions involved
might be decided by the supreme court, but new
ertheless ntimated that the defendants objec-
tons were properly raised.
The next case on trial was Trip and Bailey, adj
ministrators, rs. Vermont Life Insurance Com
pany This suit arose ont of policy of life
insurance which George X. Chapman took in the
defendant company, payable upon his death, to
his mother, Clara NJ. Chapman. His sudden and
unexpected death here at Montpelier, year ago
last January will be remembered, The policy
was for 1000, and the premiums payable semi
annually. Mr.. Chapman was an agent of the
company at the time the policy was taken 1t
turned out in evidence that he had always been
very negligent in making returns to the company
being often from six months to a year in arrears
The comnanv were accustomed ia Send him re.
cents. already signed bv the president and secre-
tarv for the nremiums Of their nolicv-bolders
Mr. -Cbanman's among the rest I-pon the re-
ce;nts was nrinted "Tbis receint shall not he
| valid ill tho nreminm ia actuallv Maid" Mr.
Chairman had several times allowed the time at
which the semi.annual premium was due to mass
without making pavment; but the officers of the
companv instead of declaring the policy forfeited,
had permitted him to make pavment subse.
ouentlv notwithstanding the fact the poli,v con-
tanned the usual condition of forfeiture. in case
Tho ,,ror,i,r,s ,roro No, ro;d ,,hor dro Tho rro.
mimi of so1 90 dua INV oath 1877 had never
hoon Maid and nnon tbis fact tho componv Ina sed
thoir dotaroa rho oo,n,,anv clairod ,nnroovor
that the snit should have been brought in the
ramo of the horosciorv Clara N CHAIRMAN his
motber and pot in tho pamo nj the administra.
,ors a,d an, t,r,Ior Tho, .hor,r,;,rs sho,,d ho
rons,;,od boconso ,bo,, had set nm the cortroct nj
insurance "a absolute when in fact +, was counled
with conditions the nerformance of which were "a.
sental 10 tbolife NJ tho noIicv On the other hand
tho n,aintiffs claimed first that the nreminms had
becn regularlv Maid and secondlv that IL they had
not the comnanv had waived navment and nv
their conduct, in regard IN the nrevious nreminm.
were estonned from defending on the ground of
non.pavment The plaintiffs subsequently with.
draw tha first claim and nut unon tbe stand
Warren Gibbs the secretary of the COMPANY tc
show bv his letters how thew had suffered Mr.
CHAPMAN to continue his policy in existence BIS
making PAYMENTS of premiums long after they
were due The case then finally went to the
inrv unon the following questions pronounced
nv the court. did the defendant in this cas-,
agree with the insured to waive the paymen
of the premiums that became due July "a. 1877
or agree tn postpone its nayment either indefi
ntely. or for a period covering the lifetime OF
the insured, notwithstanding intervening occur.
rences affecting the risk, as-in this case-sick
ness and death of the insured2" The jury found
that the company did so agree and consequently
a verdict for the defendant for the face of tn,
policy with interest less the amount of unpaid
premiums The case was argued by Messrs
Charles W Porter and S. C.. Shurtleif for plain
tiffs. and Messrs. Russell S. Taft, d lnie Robert
and Clarence II. Ptkin for defendant
Abbie c. Sleeper rs. E. W. Howe; Messrs
Heath & Carleton for plaintiff; Messrs Jane
NJ. johnson and Frank Plumley for defendant
This was an action of trespass brought agains
Mr.. Howe. deputy sheriff, for Selling propert
claimed by the plaintiff, under an attachmen
against her brother, Squire Sleeper The attach
ment was in favor of Thomas Mullaly, who he'll
certain notes executed by Squire Sleeper. Mis-
Abbie sleeper. the plaintiff who is about twer
, ty-one wears of age. had been at work for he
brother for some time and had purchas ed of hin
in return for her services. his farm, which wa
heavily morteaged. The deed was duly execute
+ and she entered into possesson in the spring,
was the bav and grain raised upon the farm tbf
a summer which was attached by Mr. Howe
n was claimed nv defendant that this transfer {
r the farm to Miss Abbe Sleeper was in fraud ,
. the creditors If sonire sleener The iurv. HOY
v ever fonnd the contrary. and brought in a verdi
r for the voung nronrietress Of s41 81
A Kate Rivers rs Town of Montnelier. Messr
:, claronoa II pi,Li, and Hiram A Uuse for Mai,
A tig and Messrs .Toseph A Wing and S. c. Shur
+, le0 for defendant Tho snit arose ant of an i
irr, which bannened 10 the plaiptff on the aid
vail Of Court street while IN her wav IN chur,
" n attend the celebration Of rites in honor Of II
=, nono tbon recentlv deceasea II anneared that
srate rear where this accident bannened plac
sho,o tor ,,o ,rr,osa os CONDUCTING off tho snrfa
re ,,otorbad dnr;ra tbe nrevions NIGHT closed n
to ,a ,,,o 49, ia o,araowod tho s;dawolk a,
Mt ,orn,aa r,,o,, /, s,on,na 1avoro, loo ann