Green-Mountain freeman. [volume] (Montpelier, Vt.) 1844-1884, 1882-03-22
Washington TOMMY Court.

The case now on trial Is Charles Burgin
vs.. Gilman |. jackson. 1t is brought lC
recover the value Of a certain amount oi
farming stock and tools. which it is claim
ed the defendant. as constable, unlawCully
attached. 1t was once tried. and IA new
trial was granted by the supreme court
Messrs. w. A. IL o. B. Boyce and S. c.
Shurtleff are counsel for the defendant
and Messrs. Heath & Carleton for The
plaintiff.
Last Friday afternoon the case of Den.
mis- j. Cooley and his wife. Emma J.
Cooley, of Lisbon. N. H., against the town
OF Berlin was begun, and it was finished
this forenoon, resulting in q verdict in
favor of the plaintiff for $500 and costs.
The female plaintiff is the daughter oil
Mrs. John Voodry of this town by her
former husband, Langley. On the 23d of
May. 1879, she with her child, her mother
and Mrs. James Randall started from
Montpelier for GAINESVILLE in team owned
oy Mr.. Is. Z. Young of Montpelier. Just
after they had passed the saw mill owned
by Mr.. Julius S. Wheelock their horse
became frightened by freight train and
backed them over the edge of the road on
the bank of the mill pond.
Mrs. Cooley alleges that she was badly
hurt, particularly In her spine.
The town claims that the road was in
good repair; that the occupants of the
team were guilty of negligence in driving
SO near the railroad when a train was
approaching, and that Mrs. Cooley was
but little injured, il any. Judge +. d..
Rand of Lisbon. n. H., and Mr.. S. C.
Shurtlef are counsel for the plaintiff, and
Messrs. Heath & Carleton for the defend
ant.
Barker. bounce. Rose & Co. VS.. the
United States Hulless Oats Co., on trial
when last weeks paper went to press,
resulted in verdict in favor of the plain
tiffs for S747.82. The defendants are
William Clark of Barre, N. W. Vinson
and w. F. Gillett of East Randolph and
Sydney Wallace of Waterbury. Together
with George F. Smith and David w.
Ramsdell of Washington, Charles 8. Wal
lace of Waterbury and Jesse X. Sanborn
of Breesport, N. Y, and Williamsport,
Penn, they. in 1876, entered into CO.
partnership under the name of the United
States Hulless Oats Company. They
expected to make great profits, and the
articles Of copartnership read like the
OF gold mine, and the results
of the business were about the same.
Sanborn, as general agent, went on and
built grist mill at Breesport, N. Y, and
bought of the plaintiffs about one thousand
dollars worth of hardware, which no
used in building the mill. lie paid a
portion of it, and the balance, S601, with
from April IS. 1878, they ask to
recover.
Tho defendants do not deny that tue
plaintiff furnished the goods; but say they
are not liable because Sanborn had no
to make such purchases. 1t
seems that by the terms Of the articles of
copartnership the company should contract
no debt without the consent OF each
member signifed over his own signature,
to which the secretary had affixed his SEAL
The court overruled the defense, and the
case will 60 to the supreme court on
exceptions TO the ruling. The court held
that if Sanborn bought the goods in the
exercise Of what would naturally come
within the scope of his powers as general
in good faith, then the defendants are
bound. The jury found for the plaintiffs
to recover $747.82. the full amount of their
claim and interest. Mr.. C. W. Porter for
the plaintiffs; Mr.. w. p. Dillingham; for
Wallace; Mr.. w. A. Boyce for Vinson
and Gillett; Mr.. W. A. Boyce for Clark.
William Cooley VS.. William Barnes.
This is an action founded on the statute of
1870, which provides that any one who
sells adulterated milk may be made to
pay fine of not less than $25, or more
than 800, to be recovered by suit at
law. and TO be payable to the person de.
trauded by the sale.
The plaintiff, who is the inventor of the
Cooley milk pan, in 1873 and 1879 iran !"
a butter and cheese factory at Waterbury
Center, and the defendant, who was
farmer In the same town, sold him the
milk Of his dairy. The plaintiff testified
that in the middle of the summer of 1879
he suspected that the milk was watered
that tests with the lactometer confirmed
his suspicious, but to be certain he went
three times, each time with different
man, hid himself in loft over the shed
where the milk cans were kept, and saw
the defendant water the milk. His com.
panions corroborated him.
The defendant denied the charge, and
said that he poured the water, not into
the milk, but into barrels, in which the
cans were placed, and poured it into them
for the purpose Of cooling the milk, in
accordance with Mr.. Cooley's orders.
The jury returned verdict in favor
of the plaintiff for S25S, and found that
the defendant had watered the milk four
times. The case will go to the supreme
court on exceptions to the validity of the
declaration 10 sustain q verdict of more
than one oflensc. Messrs. Edwin f. Pal
mer and G. II. Heath for the plaintiff;
Messrs. VIM. p. Dillingham; and C +.
Clough for the defendant.
The states attorney, Mr.. Clarence IL.
Pitkin, has set the following cases for
trial: Against Joseph Gravlin, A. G..
Dewey, A. S. Sparrow, Freeman & II.
Roger Bixby. i. S. Whitcomb, 7. j.
Murphy, Jesse Cayhue 0wo cascs), Tru-
man j. Hunt-Montpelior rum cases.
William Wallace Noyes of Montpelier for
United States certificates be.
longing TO the Montpelier National Bank;
Thoophile Champeau, for stealing from E.
Il. SINNERS store in Montpelier.
The new law docket only contains 60
new cases, of which arc petitions for
divorce, and the new chancerv docket
contains only II entries.
Mr.. w. +. Baker of Northield was adj
mittcd TO the bar last Saturday.