Green-Mountain freeman. [volume] (Montpelier, Vt.) 1844-1884, 1880-06-23
Orange County Court.

Orange County Court.
JUNE TERM, 1880.
Hiram G. Moore VS.. George w. Rich
ardson-action of assumpslt to recover
the value of II quantity of hay which the
plaintiff had sold to the defendant, who is
a lumberman at Groton Pond, Vt. The
contract price Of the hay was thirteen
dollars a ton. The plaintiffs testimony
tended to show that the hay contracted to
be delivered was to he good stock hay.
/ he defendant claimed that by the terms
of the contract he was to receive hrst-
class hay, and that the hay he did receive
was not such, but inferior in quality, and
that he was thereby damaged, and these
damages he sought to recover. Verdict
for the plaintiff; damages, S7OS.39. the
full amount claimed. Clarke and Austin
and Heath for the plaintiff; G. ii. Pitkin
for the defendant.
Robinson remple'on VS.. Town OF
Montpelier-action on the case to recover
damages sustained through the insufficient
cy of highway in the defendant town
near the coffee house, so-called. The
plaintiff, while driving along said high
way, was thrown down the bank into the
river. His horse, becoming frightened at
AN approaching train, backed off the road
The defect alleged consisted in the wan
OF a proper muniment. When the evi
dence was in the court held that the town
was not liable for the consequences accru
ing from the fright of plaintiffs horse,
from AN object outside of the limits of the
highway, and dire cted the jury to return ii
verdict for the defendant. S B. Hebard
and j. W. Rowell for the plaiutiff: Z.
Pltkin and G. ii Heath for the defendant.
Eddy Tracy, apt, VS.. George w. Cleve,
land-acton of assumpsit to recover dam
ages for alleged breach of warranty in
the sale of horse. The horse turned out
to be Il crbber, balky and had holdfast
but the main controversy was rs to de-
feet of warranty which the defendant
testimony tended to disprove. The plain
tiff claimed damage to the amount Of
about fifty dollars Verdict for the defend
ant TO recover his costs. S. B. Hebard
and j. w. Rowell for the plaintiff; A. S
Austin (Heath with him) for the defendant
State vs. Asa and Edison Magoon-in
formation for the larceny Of eighteen
turkeys from one Alvin Smith, in Orange
on the 22d day of September, 1879. The
| SttlC DlOuuCCu u Vi WV
nesses whose evidence tended to prove
that some of the turkeys in question wer,
found in the respondent Asa's possession
soon after the turkeys were missed, ant
that respondent Edison Magoon was seel
about 2 o'clock of said 22d of September
= driving Il flock Of turkeys from the drec
) ton of Smiths toward he premises wher
he and Asa resided. The point where tn
person claimed to be Edison was. seel
with the turkeys was about two mile
distant from his home When the test
, mony on the part of the state was in, tn
court directed the jury to return IL verde
, of not guilty as to Asa, upon the poin
made by his counsel, A. 5. Austin, tina
the evidence was insufficient to warran
t his conviction. Edsons defence was a
alibi. Veldlct. not guilty. h. M. Harvey
! states attorney, and j. X. .)arling for tn
= state; A. S Austin (assigned by the court
u Heath with him-ior the respondents
e State VS.. Ira MIDGET, apt, -complaiI
0 for an assault on one Frank Broughton i
. runbrilge in April, 1879; appealed frot
the Judgment of a justice, Responder
was II justice of the peace and arreste
e Broughton without warrant for dlsturbin
Il religious meeting held on the evenin
of the day in question. Testimony on th
J part of the state tended to show thu
o Broughton took no part in any disturb
, ance of the meeting, and that responder
used unnecessary violence in making th
e arrest and retaining the custody
u Broughton. Verdict, not guilty. S.
e Piugree and J. w. RowelI for the stat,
d A. S. Austin and G.. ii. Heath for respor
!, dent.
This concluded the jury trials.
# OF the cases tried by court the follow
ing are the most important:
y First National Bank of Chelsea vs.. Tow
y of Concentration to recover upon int
y est coupons cut from bonds issued
deie ndant town in aid of Essex coun
A railroad. Defendant offered to show
parole that the instrument of assent signt
- by taxpayers of the town was not recordt
) in the county clerks office until aft
September l2lh, 1867, the date of the su
n scription for stock. It's validity dependir
=. upon its being recorded before the su
- scripLion WAS made. the county clerk
= certificate showing that it was recorded {
t, the ~ day of said September. The cou
10 excluded this evidence and render,
~ Judgment for the plaintiff for the fl
y amount GAINED Clarke and Austin al
j. w. Rowell Tor plaintiff; William He
be wood and ID. A. Rogers for defendant.
Luke Parish VS.. Brooks and Gay-a
N ton of assumpsit to recover for mon'
w. paid on defendants account. One ID.
In Talbot was indebted to defendants, al
r. upon this indebtedness let them have
r. note signed by Edmund Sprague. d
PENDANTS afterwards sent the note to
lawyer to colec, but he taking no steps
~ collect it. Talbot got the note from hi
IL, and carried it to another lawyer, W
m brought suit upon it, and the writ W
. placed in plaintiffs hands, who was
10 deputy sheriff, and he attached u COW
nd the properly Of Sprague. Sprague claim
the COW as exempt from attachment, a
he brought suit against the plaintiff a
l. recovered 1t was to recover money pa
''' and expenses incurred in and about ii
e. Sprague suit against him that this suit "
he brought. The defence was that the NJ
in question was controlled by said Talb
and that the plaintiffs claim was agai
I'm him if anybody. Judgment for the pla
er. tiff for the amount of claim. N. l.. Be
.al den for plaintiff; j. j. Wilson for defer
b,, ant.
W Eihu Hyde ct al VS.. B. B. Chase ct al
10. action of debt upon a cost bond TO t
ed amount Of one hundred dollars taken in
of chancery suit in Addison county. Jud
.or ment for plaintiff for the amount of DO
and interest from the date of service
'o- writ. Clarke and Austin for plainti
'p- Perrin and McWain for defendant.
The following divorces were granted
,s- Joseph Wilson from Emma o. wills
NIB for adultery; Nettie l.. Haywood fro
m. Leauder Haywood for intolerable severit
Ida A. Mcintyre from Albion c. McInty
for intolerable severity; Mary A. Eme
les from Seth l.. Emery for refusal to suppo
s." Marion II. Ketcham from Frank
nh Kelcham for intolerabe severity; Corde
Renouf from Charles Renouf for aduter
Marcus l.. Brockway from Fannie
by Brockway for wilful desertion; JOSH
,nt Quint from Julia Quint for willful des
of ton.
nd The grand jury reported fourteen TT
ed bills-none of special Importance. Abb
G. MoTntvra nlaad oniltu "a as,o,I. -,