Vermont phÅ“nix. [volume] (Brattleboro, Vt.) 1834-1955, 1880-10-01
WINDHAM COUNTY COURT


4. 0. Coleman ct ais. as. Riley A. DdDid-
SOH.-This was an action of replevin for q
pair of oxen. The oxen were sold by John
Is. Sage to Albert Sturgess by conditional sale,
reserving claim for the purchase money.
In January, 1879, Sturgess wished to sell them
to the defendant, subject to the claim, but
Sage objected, but said he would take a note
for the amount, signed by Mark Livermore.
Thereupon Livermore gave Sage his note,
which Sturgess also signed. Sage passed over
the claim, which Livermore took and carried
away, and the oxen went into the possession
of the defendant at the price agreed on of
1925, to be paid in logs at Livermore's mill
in Jamaica, at So per thousand. Defendant
used the oxen through most of the winter,
until one Of them became lame, and then pro-
cured them kept at a neighbor's. About
March or April, Livermora took the oxen to
his own place, and, Us plaintiff = testimony
tended to show, used and treated them as his
own during the spring and summer, offering
to sell them and asserting title to them. July
II he borrowed 800 of the plaintiffs, and
mortgaged to them by chattel mortgage sew
eral cattle and colts, and these oxen among
the rest August 10 the plaintiffs took pos
session of the mortgaged property under
their mortgage and caused it to be advertised
for sale by deputy sheriff. After the adver-
tisement, and before the day of sale, these
oxen disappeared one night from the pasture
of the person who was keeping them, and
were found the next morning in the defend
ants barn, under lock and key The defend
ant claimed that when Livermore gave his
note to Sage that extinguished the claim note
he held, signed by Sturgess, and that SturgeSs
sold the oxen to defendant free from enoum-
brance, and the giving the note by Livermore,
and agreeing TO receive the logs, was a matter
of accommodation toward Sturgess, and that
Livermore never WIS the owner of the claim
on the oxen, and therefore had no right to
take them. Defendant also claimed that he
paid for them by delivering the "a, 900 of logs
as he agreed. Plaintiffs claimed that when
Livermore gave his note to Sage, he took the
claim from him, and continued to hold it on
the oxen, and that when he took them it was
by virtue of the claim, and that on the 9th of
June Livermore and defendant agreed that
the oxen, then in Livermores possession,
should be applied on the claim at $lOj, and
that although the defendant in fact delivered
some AZ, 900 feet of logs at Livermore's mill,
none of them were to apply on the claim for
the oxen, but upon another contract for the
delivery of 100, 900 feet, made some time be-
fore the OK trade. The testimony bearing
directly upon the main points in controversy
was very conflicting, and there was considera
BILE testimony as to contradictory statements
made at various times by some of the princi-
pal witnesses. Verdict for the defendant.
Waterman and j. L. Martin for plaintiffs j..
G. Martin, j. G.. Eddy and H. f. Woleott for
defendant.
Asa s. Boyd Us. ReddsJ0rO This was an
action on the case to recover damages sus-
tanned by the plaintiff by reason of the jim
suffciency of highway. The evidence on
the part Of the plaintiff tended to show that
liu February, 1877, as he and his wife were
b ding in his sleigh drawn by one horse. by
0alaaon Of the insuficienoy of the highway
gerwhioh they passing they were thrown
Town a. ombankment, and his wife injured,
nd his horaR and sleigh also badly injured.
W case Of Boyd and his wife against the de-
sndant town vas tried several terms ago, in
lioh 3 recovery was had for the injuries sus-
med by he wife. In this case plaintiff
imed the fIabt to recover not only for the
images 70 hil horse and sleigh, but also for
4. = Of services and the society of his wife
Oauring her liability and for the expense OF