Burlington weekly free press. [volume] (Burlington, Vt.) 1866-1928, 1885-01-30
ADDISON COUNTY SUPREME COURT.
Opening of the January Term at Middle


uleDury, TUESDAY morning, Judges Koss,
Taft, Rowell and Walker sitting on the
bench. Among the LAWYERS present from
out of town ,vera Il p ttord and "
" ' ",'" ~
op"uiolilS' VI burlington CoI' a. r.
Walker and w. Z. Dunton, of Rutland
II. j. OrmSDee, OF Brandon +. II. Wood
bridge, OF NergenneS states Attorney
T., W: D. Hawklns, OF StarkSporo Gar
ehce II; fitklh, OF Berlin, ana w. W. III
der OF Bristol
Inc frst case taken up was chester
Kingsley VS.. Jesse hlte the parties be
longing IN SALISBURY Kingsley purchased
some $500 saw logs from man named
l5enlieyi VINO neINered the logs To the
plalntln. Bentley pied the logs on Il piece
on linu or Wnlch ne owned one undivided
nan ana helu u pQhd Ior dtcd rom one
lGnuGe Ipr tIle olher hall. bGhticy jhen
solu the lahd toa man named Caswell,
giving warranty uted OF one halt ana Il
quitclaim deed Of the other. This deed
was duly executed, except that 1t mad but
one witness ana was recorded. CaSweli
entered INTO possession OF the lana and
agreed TO keep the logs l3r hihIsley Inc
SAFE 10 the pialhtlli was dated July % ana
the deGd to CaSWeil dated August ~. The
LOT oi land was 10" ana wet, ana 1t was
| Impossible 10 remove the the logs except
| at IL tline Wheh the ground was frozen.
On August y, iiendee attached the logs
as ne property OF 5Gntley; Defendant
| ~ ~ '''' wv N'4i'7'''' ~ w ~ ., N''' thc
VIII Vi tttIaChl!ehl' anu pljtlhtlli bTouEht
sult ol TepleVlh against the Constable
| ia thc lower court tht case went
| against Kingsley iluuglneHt BENG gwen on
tne report ier hlte. Kingsley carried
tle chSe up Tor decision on thcse points
an the Nehuee oi saw logs situated on
HhdS belonging TO the Ncndee, in place
| rom WuIch 1t IS Impossible to remove
them either ut the time OF the sale or at
any supseIutnl tlhhe PRIOR To the attach
heHl' holu the l"gS 'aii grantee IN
| possession Oh Il piece OF lahu uhder a ueed
duIy executed ana recorded, except that
| theIe was puI one Witness 10 the deed,
| HCCouhe ~" ld"Iul paiiIll Tor l,le Nehuee
ol movable property, mat II IS Impossible
! 10 remove us against the attaching cred
| liorS ol tHe Grautnr, VINO Is asp tht ven
Uor charles +: hlngsIey, OF salisbury,
argued the case Ior me piaintlil ana Hon.
T.. d. orIllSDee Ol brandon Tor the de-
| Iemuaht'
ne neHt case cohsluGreu was tnat OF
James +. liaWklnS vs.. ihe National Llfe
insurance company, OF Montpelier In
september, 1879, the plalntlli borrowed
IRON! the defendant company through It's
president, CharleS dewey, SiiUO, FOR which
he gave MS note Tor 5000, secured by
NOR ,nort&aie. r,li ne ilole was 20 run iH t tnrec
years IN July, $50 the plalhtlfl, belnG
threatened win foreclosure, harSalned
part Oh tne mortgaged property to one
l)anyeW Tor sl"oO, 500 TO be PAID down
ana *'Oo To run on time and coy cred by a
mort sage nack' he also hargained Ia an n
other Portoh OF the property TO one Ball
Tor So3oo SloVo TO be pald down IN cash
ana $4,000 to be on tlme ana secured by
mortgages Oh 'ile property purchaSed ana
oller reai estate. ] he pIalhllll was 10
satisfy the s30oo note running to
the insurance company from the loteS
ana cash winch ne was to get from
MeSsrS; DaH%ew and Bali. The defendant
refused 10 tiAr lhe ne" hotts IN exchange
Tor he original note unless PAD bonus,
az The defendant claims, and uSurlouS IN
tSrcNl, Is iHe piilutIl claims, ana the
piuntii1 PAD such bonus or usury: The
uelenqaht 4ot enough OF lie cash and
notcS received d! ia" klhS Iron ban ana
, l!4ilycW 10 satisfy the amount due ON the
olI hTtt ana t4"2 extra, which the plain
, iiH cHlihiS was Illegal ana usurlOuS inter
, est ami the defendant claims was bonus
pau lof tHe extension ol the original loan
IN thc plIntiIi pflEliliti hote there was
. S,iUo WHich ihe defendant conceded TO De
Illegal interest, the sum borrowed being
, St'JJ ana lhc nOle beng drawn Tor S5OoO
rms 500, with the Interest thereon, the
. Whole amounting To SILL. was put mt"
court last y uhe DN IN ut!tuCdnl IOr the
beneht OF the pialntll. Bui II the S435
was also illegal interest the amount which
= should nave been paid III June was 81 ,OSi-
:, ~. Bulh SIDES agreed upon TINS. Ihe
:. court directed the jury IOr tht smaller
sum only, and To tins the plaintiff took
exceptions, ana brought the case up.
stewart x " lids and +. X. Hard were
the plalntlh ; counsel Mr.. NIlds making
| the arguments. IltElu ana HuSe were
y the defendant 5 attorneys, {. H. Pltkiti
arguing the case for the company
l.. [. Partch vs. SCION y. SpOoner was
I the next case argued. ms case was tried
: in December and sufficiently free alb
stract was printed III the FREE Press ut
tnat time The parties both claim posses
sion OF certain piece of land lying III
StarksDoro. The defendant went on to
J. the ldhh ANA cut hup-pules, ctuar pOstt
/ etc, for the value OF which the plaintiff
Il brought SUIT ana recovered verdict for a
II small amount, the defendant claiming as
t ms delehse that ne owned the lana him-
II self and that anyway the value of the tim
II Der cut of was small Spuoner brings the
il case up to the higher court on various ex
i ceptionS. Judge Dunton and W. W
p Rider argued Spooner's side, OF the case
y and a, V. Spaulding appeared for Partch
l. The next cases taken up was the town