The Middlebury register and Addison County journal. [volume] (Middlebury, Vt.) 1883-1885, 1885-08-21

Sheriff Dan p. Peabody of Rutland
county advertises that he will sell by
auction here the 9th the stone-sawing
machine. the h~oisting apparatus and APP
pu%rtenances and various other machinery
and tools which David Shortsleeves &
Co.. of Rutland sold, conditionally as is
claimed, to the Cutter Marble Co.
j. w. Fiske of New York last week
bought of Charles II. Witherell of Corn
wall the team of bay mares which the
latter has frequently driven about the
village this season. They are seven
years old. One of them has a record of
2 :3S and the pair can go in 2 40 or better.
The price, delivered at the cars here, was
$1,000.
A horse owned by Miss Ida S. Waugh
disappeared from her premises, near the
paper-mill bridge, last Friday night and
it was supposed the animal had been
stolen. 1t had only strayed away, how
ever, and was found in Judge Hayward's
pasture. He saw it wandering along the
road and took care of it till the wner
appeared.
The uniforms for the firemen have been
purchased and n special meeting of the
company was held Saturday evening to
measure the men. The uniforms will
cost somewhat less than the $3.50 appro-
priated; but the c%ompanv's officers think
they can use the balance to good advan-
tage in providing suitable places in which
to keep the uniforms. The idea seems to
be a good one, and doubtless the trustees
will see it in hat light.
Mrs. A. G. Huntington of Hanover,
ILL.,, and daughter, Sadie, are visiting her
sister. Mrs. w. c. Langworthy. Mrs.
Huntington is a daughter of A. d.
Stearns of this village. Mrs. Huntington
has not been home for a number of years
and her old associates and friends will
give her a hearty welcome. Mr.. Hun
tington's engagements-having the entire
mechanical oversight of a large wooden
factory, employing two or three hundred
hands-make it difficult for him to leave
for any length of time and ENJOYING
much-needed rest and the pleasure of
meeting his many friends here at this
time.
The Supreme court has lust handed
down its decision in the case of James p.
Hawkins VS.. the National Life Insurance
company. h case was tried at the
June term, 1884, of the Addison county
court, went to the Supreme court on eX-
ceptions. and this is the first heard of it
since. Hawkins, the plaintiff, lives on
Bristol Flats, going there from Ferris
burgh. September %, 1873, while resid-
ing in the latter town, he executed to the
defendant company a promissory note
for $4,000 payable to the order of defend
ants president three years after date.
For the note he got 81, 200 in cash less
so which Charles Dewey, president of
the defendant company, charged for do
ing the business. TO secure the loan
Hawkins gave a mortgage on his farm of
3O5 acres. In July, 1877, up to which
date Hawkins had paid only $3.50 inter-
est, Dewey came down to ~Ferrisburgh
and fixed up IA trade by which one Joseph
Danyeau was to take - acres of the farm
and pay $1,000 for it-S600 down and the
balance in seven notes of 500 each, pay
able one each year from that date; and
the lest of the farm-232 acres, with
the exception of - acres,-Dewey ar
ranged that Ezra NJ. Ball should buy.
Ball gave his notes to the company for
$1,000 and paid $50 in cash. Dewey then
" figured = out how the thing stood be-
tween the company and Hawkins. and
when he had finished informed the latter
that Sl5G was his share of the proceeds.
Hawkins objected to the transactions, but
under threats of foreclosure finally con-
sented. AT the trial of the cause Hawkins
testified that the farm was worth Sl2. 900.
1t was commended by plaintiff 5 counsel that
he was entitled to recover Sl0S7. "a usury.
The defendant conceded that S47l.67 usu-
ry was due the plaintiff. Hawkins was
the only witness put upon the stand, and
the court directed a verdict for the small
er sum. The plaintiff took the case to
the Supreme court, who say that Haw-
kins should recover all he claimed
SlOS7 81. Stewart & Wilds were Haw-
kins' lawyers and Pitkin d Huse of Mont
pelier appeared for the defendant.