The Manchester journal. [volume] (Manchester, Vt.) 1861-current, 1882-06-15

~ AsWtAtHAA W - .
THIS Was a. arilou brought 10 recover Of
tbp defendant vho lises iu LoudondeFry
small rum q iAousy claimed 70 he das
far wages rho deieuse vas breach q con
tract Il seems that Eiaerscn Ia Nay hired
oas 70 Pierce 10 worl ,ill some time 10 tho
fall. Pieros hal only paid him icu dol.
ian and 10 July Emerson In Pierce 1ho
riasod 10 pay TIE balance claimed 10 be
aae because Emerson had bot worked bis
fuli time according 10 agr cement Finer
soB claimed ihs, Pierce hsA used abusive
language 10 him ia regard 70 work ADD
gave this cause for leaving. The Jury
found verdict Tor The defendant 10 re-
cover bis costs,
J. c I.ArN. Assignee l. X. BATcHmDEil
This was an action 70 recover back mon
~ paid by sArcl A Sawyer TO the defen'
dani IN January Of 1881, which the plain
ua claims belonged 10 SaWyer's creditors.
was IN evidence thA, Mr. Sawyer was at
the date mentioned and had been for
some time previous in fact bankrupt
He WAS owing Mr. Baiohelder over $500,
portion Of Il secured by mortgage on The
'l.Alin Iol" 10 Peru Mr. BAiohelder re-
moved from Peru 10 Tosnshend IN 1869,
slier the debt was contracted. Sawyer
kspl the interest partly paid Op. la the
a H. EaFfs gfsl
Nj Sawyer for the money and finally Mr.
sawyer morigaged all his Land TO the ia
nAica savings bank and raised the money
10 pay % Mr. Batoholder and one or two
other creditors. The other creditors then
forced Mr. Sawyer into insolvency aud
brought suit 30 recover the money back
The questions left 10 jury 10y the court
we're three First, was Mr. Sawyer at the
time Of making the payment an insolvenif
Second, did he know or had be reasonable
cause 70 know that he did not have money
enough 70 pay his debts and did he make
this payment with the intention Of giving
M. BalIAelder the preference Third,
did Mr. BalchellCr at the time Of payment
know Or hal he reasonable cause TO know
tho, Mr. sawyer was insolyentf The
Tie plaintiff was required to make out
these three propositions before lac could
recover The first Of them both sides ad.
United Concerning the Others the eyi,
,lenea was somewhat conflicting though 1t
seemed well nigh conclusive on the points
thar both Sawyer aud Batchelder had good
cause 10 know that Sawyer was hopelessly
insolvent Notwithstanding the jury
found for the defendant Tho case was
well presented on both sides. l., Munson
aud ]. q, Martin for the plaintiff and J.
X. Batchelder, J. L. Martin and G. b, Ed.
dy for defendant. The plaintiff made out
a. strong case as from the nature Of
things can be made out 10 any instance
Of tbs Kind. hence, it may as well be con.
silered that the bankruptcy law is fail.
urc ia 80 far as it applies to money paid
10 creditors before insolvency is actually
declared.
+ Spring, Abr, '. \. II. Perkins.
This case comes upon appeal from the
Probate Court, the facts being As follows
Bridget Kennedy an Irish girl has fol-
several years made it her home attn. II.
Perkins Manchester. working IN the sum
mors, and working at other places during
the winters when the Perkins family has
been in Florida In the winter OF 1880 she
was taken sick with a cancer and had tt
,nye up work aud went TO live with Mr.
Coffee near the depot where she was cared
for until Mrs. Perkins come back in the
spring, when Mr.. Amos Sheldon went t.
Mr.. CofIec's house aud brought Mis-
Kcnnedy to Mrs. Perkins where she liyeC
short time aud died A few days befor'
her death in the presence Of disinteresteC
witnesses, she gave away her money o
which she had quite a sum earned by her
self. and other property, mostly to Mr.
Perkins family The suit is prosecuted
by her heirs to recover back this money
on the ground that she was induced t.
give Il away by nudue influence on tn
part OF the family OF Mr. Perkins and tia
weakened 10y her sickness and the medi
cine she took her mind at the time was no
Ia sound condition The evidence wa
someuh hat conflicting on these points
DR.. HemenSay however who attended he
ieslifying tia, she appeared perfectly ra
iioual aud OF sound mind This case !
nov on trial
The Grand Jury came in Friday hsvin
found eight true bills one OF them 10
murder in the first degree against Written
The respondent came into court to-day
however, aud plead guilty to man
slaughter vhi,. plea vas at
cepied on the part Of the State He wi
h. sentenced at some intur day.
MANCHESTER