Burlington weekly free press. [volume] (Burlington, Vt.) 1866-1928, 1879-03-07
UNITED STATES CIRCUIT AND DIS
ThICT COURT.

HON. HOYT Il. WHEELER, Judge.
Is. d. SEALLEY. Clerk.
GEORGE 7. FOSTER, Marshal.
THURSDAY.
Arguments in Goldman ct ais VS.. The Yer
mont and Canada Railroad were continued.
MIR. Fifeld will speak for the plaintiffs, to-
morrow morning, closing the case.
FRIDAY MORNING.
The arguments in the case Of Goldman vs..
The Vermont and Canada were continued.
The jury was discharged for the term.
AFTERNOON.
The arguments in the railroad case were
concluded. Decision reserved.
The next case taken up was the First Ma
tionsl Bank OF Bennington vs.. The Town oil
Bennington-one of the town bond cases.
Ii had been practically decided before. but
the afternoon was consulted in taking tes-
timony on some additional points. At the
close, Judge Wheeler again rendered deci-
sion for the plaintiff. E. j. Phelps and
George W. Harmon for plaintiff; A. b.
Gardner, d. Sibley and j. K. Batchelder
Tor defendant.
SATURDAY.
Judgment was given for plaintiff in the
remaining town bond cases.
Samuel L'Hommedeu vs. The TJwn of St.
Adams was next taken up. The case, stated
in tho brieiest possible compass, Is this
The town of St. Adams issued bonds in aid
OF the Mlssisquoi Railroad, the first issue
containing the prOyIsO that the road should
be- completed to Eichicri. These being
unstable, second issue was made by the
commissioners in which the above proviso
was omitted. The railroad never was com
pleted to the point indicated and is now in
the hands of receiver and payment OF
the bonds is resisted on the above grounds.
Edison, Rand and Cross for plaintiff ;sDavI1,
Stafford aud Mooney for defendant.
MONDAY, March 3.
The hearing in the case OF l. Ilommedieu
was continued. This is case where the
defence is that the selectmen issued set OF
bonds not in conformity to the vote Of the
town and subsequently issued another set Of
bonds corresponding to the first in number,
amount and date, which were in conformity
TO the vote Of the town. The defence claim
that the selectmen having issued the first
series, although they were not IN accord
ance with the vote, exhausted their author
lty and had no power to issue the second
series
The MssisqnOi railroad was completed
October LIST, 1871.
The case Of l. 'Hommedeu VS.. the town of
St. Adams was argued for the plaintiff by
Albert p. Cross. and for tho defence by A.
G. Stafford and Park Davis /, and the Court,
declining to hear Mr.. Phelps. of counsel for
Mr.. l. 'Hommedieu. gave judgment for
plaintiff, saying. in fleet, that the town OF
ST. Adams got what it contracted for, had
not been wrOnged. had agreed to pay and
must pay. The amount involved is SIPS
500.
~ II al,
Phenix Mutual Lilo Insurance Company
was then commenced.
TUESDAY. March 4.
The case OF Samuel T. Brooks ct TX vs.
Phoenix Mutual Life Insurance Company
was hesrd-the suit being for the value Of
notes RggregatIng several hundred dollars
deducted by the defendent from an endow-
ment policy. Belden Il lido for plaintiff; W.
p Smith Tor the company. Decision re-
served.
The next and last case was that of Daniel
b. Stetson, assignee Of j. 4. Wilder, vs..
James f. Wilder ct ais. Davis 4 Stevens
Tor plaintiff E1sOn, Rand K Cross for de-
iendant.
The court then adjourned until April
18th, at Rutland, when number OF import
ant cases will be heard. among them Prime
vs.. Brandon Manufacturing Co. 1.-THE Howe
scale easel Mercantile Trust Co. vs.. the
LamOile Valley Railroad Company ct. ais.
Rensselaer, and Saratoga Railroad Company
vs.. Bennington and Rutland Railroad
Company; Steam Stone Cutter Company
vs.. Windsor Manufacturing Company
American diamond Rock Boring Company
VS.. Sutherland Falls Marble Company
vs.. Sheldons and Slosson ; vs.. Gibson. Glenn
ent and WOOdfn.
Judge Wheeler will not again hold court
in Burlington until the first Tuesday Of
May.