Orleans County monitor. [volume] (Barton, Vt.) 1872-1953, 1879-02-10

and did not bring his suit until after
the statute of limitations had run, which
requires action to be brought: within
ninety days after the disallowance of
the claim. The defendants company re-
lied for their defense upon the facts,
first. that the sworn statement and sched-
ule of the loss of property was not sent
in within thirty days. second, that the
action was not brought within the nine
ty days after the disallowances of said
claim; third, that the company was not
bound by any waiver of the rules Of the
company, by a sub-agent, or by any
misrepresentation or promises of gener-
al agents, respecting any decision made
by the directors. The Court gave ver-
dict for the defendant to recover costs.
| The plaintiff excepted and the case is
carried to the Supreme Court. Circuit,
Prouty and Gen. Grout for plaintiff and
s. G. Shurtleff of Montpelier. for the
defendant.
The case of Sidney W. Graves VS..
Quartus P. Graves of Glover was an
action in assumpsit for money loaned.
1t seems that in the year 1878 Sidney
Graves loaned his brother Quartus, at
various times money amounting to about
= SIO0; that in the following spring, Sid
ney made the proposition to Quartus
that they purchase piece of land ad-
joining the farm owned and occupied by
Quartus, and also, that Sidney purchase
one-half of the home farm of his brother,
and shat they run the farm together,
the one hundred dollars in question be-
ing left IN the hands of Quartus as part
payment. Quartus went on purchased
the land adjoining, taking the deed to
himself and giving the note for the land,
: as it was not convenient for the plaintiff
to be present at the time of drawing the
writings. Under this arrangement
plaintiff went to work on the farm, and
continued so doing for two or three
months, when he got sick farming and
went away, leaving his brother burden
ed with a large debt contracted at plain
tiff's request. From the evidence it
appeared that the defendant had never
given the plaintiff any title to the farm
on account of a large debt the plaintiff
had incurred, in the purchase of a horse
of one Felker of Barton, which title if
given would have left the farm subject
to attachment on said debt. Some time
l after his leaving. the plaintiff sold his
D claim of 500, which he said he had
e against the defendent to one J. Brown
e of Barton Landing in order to keep
9 Felker from issuing trustee proofs against
1 his brother and securing a portion of
: his debt After suit had been brought
by J. Brown against Quartus for the
e 500, with Sidney as nominal plaintiff.
! Brown sold the suit to G. J. Rowell who
f appeared in court as actual plaintiff
y Plaintiff claimed that defendent refused
d to give Sidney deed, and that that
S was the reason of Sidney's leaving, and
e that Sidney never agreed to let the
y 500 60 in as part payment for the
:, place, or for damages for his leaving as
r the defendent testified. The case was
4 submitted to the jury, who after short
absence returned with verdict for the
defendent to recover his costs. G. J.
: Rowell, Crane and Alfred for plaintiff,
and L. H. Thompson for defendent.
S The case of Geo. Orne VS.. Richard
Smith was an action against Smith as
d surety on note. The principal had
1 failed, as it appeared, and made over
|. his property to his creditors upon the
condition that he should be wholly dis
= charged from his debts. The defendent
claimed that as the plaintiff had signed
" the discharge and that although he did
so upon the condition that his right o.
action should not be impaired against
the indorser, yet his right of action wa;
impaired by operation of law, and he the
rt indorser, was discharged from any liza
y bility on the note The Court sustained
g. the position of the defense and verdic
10 was rendered to the defendant for hi
RS costs. Tyler and Thompson for plain
tiff, and Waterman for defendent.
:; The case of Frank Hancock VS.. JOSEPH
/; Rothchilds for the false warranty Of /;
}. horse. Trial by jury. In the spring
"a of 1878, plaintiff claimed that Roth
t. childs drove to his place and requested
7; him to swap horses. That after larg
Z; number of averments and warranties a
d. regarded the age and soundness of tn
s. horse by Rothchilds, the plaintiff con
+ cluded to swap. giving ten dollars t
>. boot. Soon after he discovered tn
" horse to be unsound and brought suit t
D, recover damages. The defendent testi
4. titled that he did not warrant the hors
~ in any particular except that it wa