Vermont watchman and State journal. [volume] (Montpelier, Vt.) 1836-1883, 1880-06-16
Orange County Court.

II. @. Moore vs.. @. W. Richardson. Action OF
general assumpst to recover the value Of some
hay, about forty-eght tons, $500. The plaintiff,
who at the time Of the sale resided at Plainield,
claimed that defendant came to see him June %,
1878. Pursuant to negotiations, a trade was made
and defendant agreed to take car load. This
quantity was duly delivered to defendant and he
thereupon, by letter, ordered all the rest Of the
hay the plaintiff might have in his possession at
s13 Accordingly the balance was forwarded
and duly received by defendant at Groton Pond.
Moore wrote several letters, asking for his pay,
but could get no satisfactory result from the de
PENDANT, and thereupon brought suit The con-
| tract as set up was not denied by defendant who
sought to avert Its effect by claim that the quail
| ity Of hay delivered was not such as was prom
ised by plaintiff and that 1t was an inferior quail
ity The jury returned verdict for the plaintiff
for the full amount Of his claim with interest. A.
S. Austin for plaintiff c. H. Heath with him. c.
II. Pitkin for defendant.
Templeton Us. Montpelier. Injury sustained by
reason Of an alleged defect in a highway leading
from Montpelier to Barre, in the month OF De
cember, 1873. The evidence adduced in this case
tended TO show that plaintiffs horse was scared
by the headlight OF an engine on the railroad
track running parallel with said road at place
near what Ia known as the Coffee-House on said
highway that the horse in consequence backed,
and there being imminent at the side Of the
road, plaintiff was precpitated down the bank.
The case did not go to the jury, but verdict was
directed for the defendant upon the ground that
the injury being the result of two causes COM
bined, defendant was not responsible. Exceptions
by plaintiff. J. w. Rowe and S. b. Hebard for
plaintiff. c. II. Heath and c, IL. Ptkin for de-
PENDANT.
Eddy Tracey U.s. G. W. Cleveland. This was an
action brought by plaintiff to recover for the
breach of an alleged warranty in an exchange OF
horses made by the parties somewhere about the
9th Of August, 1879 The plaintiff in his declara-
ton claimed that in that exchange the defendant
warranted the mare to be sound and all right"
But soon after the animal had been in plaintiffs
possession, week so, he found her very refrac-
tory She baked and was cribber, and had a
ringbone. For this breach of warranty, plaintiff
claimed to recover damages. The defendant in
troduced considerable testimony tending to con-
tradict the plaintiffs as to the character and
value Of the animal, and denied making any war
ranty. but said the plaintiff had hired the mare
previous to the time of purchase. and knew what
soon after the trade was made offered to rescind,
but plaintiff declined. The DEFENDANTS witnesses
put value on the horse at from $50 to $40.
Plaintiff estimated her worth at about $40. YER
dict for defendant to recover costs. A. S. Austin
&C. II. Heath with him-for defendant; s. b.
IIebard-with whom was Rowe-for plaintiff
Exceptions by plaintiff
The grand jury concluded their labors on Thurs
day. They have found in all fourteen true bills
and four not found. They report the Jail in good
| condition.
Several respondents were arraigned on Friday
as follows: Daniel Kennedy, larceny; plea not
guilty. Albion c. Mcintyre impeding an officer;
plea, not guilty. Daniel McCarty, throwing a
stone at a carriage plea, not guilty.
The civil causes are concluded Court reassem-
bed on Monday afternoon and called the law and
chancery dockets. Tuesday forenoon the Grim
inal cases were commenced, and final adjourn
nent is expected this week.