Vermont phÅ“nix. [volume] (Brattleboro, Vt.) 1834-1955, 1886-09-17
WINDHAM COUNTY COURT

The September term of this court conven-
ed at Newfane on the l4th inst. Present
Hon. VIM. II. Walker, presiding judge Hon.
II. W. Clarke and Hon. l.. s. Walker, assist
ant judges. The grand and petit jurors,
whose names We gave in former issue OF
this paper, were In attendance. About sixty
new civil causes were entered upon the dock
1t of this term. On the calling Of the Jury
calendar, il was found that the entire assign
ment of cases for the first day had been d.s-
posed of by the parties in one way or anoth-
er. On Wednesday morning a case in that
days assignment was found ready for trial by
jury, which was that Of
Daniel SherioiH rs. Unity Sanders, IW-
The action was general assumpsit, in which
the plaintiff sought to recover an account for
goods delivered into defendants family from
May, 1874, TO March. 1883, and amounting to
something like $3.50. Plaintiffs evidence
tended to show that defendant was the widow
of VIM. Sanders Of Jamaica, who died in Sep
TENDER, 1884 that in May, 1874 he began
an account with said Wm. Sanders for neces-
saries furnished said Sanders and his family
that about the first of August, 1878, the said
William aud Unity his wife came to his store
to see him about letter OF inquiry plaintiff,
| as one of the selectmen of Jamaica had rt-
ceived from the pension department at WASH
ington regarding the application of said Uniy
for pension, then pending before the de-
partment, as the dependent mother of son
who died in the army that the defendant
| Unity then sAid to him that she supposed they
we're owing him quite store bill, but that il
| he would write the department favorable
letter in reply to the one he Lad received,
stating the facts as they really existed, that il
she got her pension she would pay the ac-
count of her husband then due, and would
hold herself responsible to pay for all goods
delivered into her family in the future; that
plaintiff thereupon wrote the letter as re-
quested, and on the same day he made men,
Orandum of what Mrs. Sanders had agreed to
do and opened AN account with MIR. and
Mrs. VIM. Sanders upon his books that Mrs.
Sanders received her pension soon after this,
but that she had never paid the old account
that stood charged to VIM Sanders, nor that
which had accrued since August, 1873, charg-
ed to Mr.. and Mrs. VIM. Sanders that he
had from time to time kept separate account
with her, which he had rendered her ut diff
ferent times aud which she had paid that he
had called her attention to the old account on
several occasions, both before and since her
husbands death, and that she had always ex-
pressed her Willingness to pay, but never had
paid. Defendants evidence tended to show
that she never was at PLAINTIFF store but once
in company with her husband, and that was
after her pension had been granted and she
had received her money, when she bought Of
him suit of clothes aud paid for 1t out OF
her pension money. Phe pension was grant
ed Aug. "a, 1873 that she did not then or at
any other time agree TO pay her husbands
store account nor did she agree to become
responsible for goods delivered into her fam
lily in the future that she had never agreed
TO pay the account since her husbands death;
that whatever she had bought or authorized
TO be bought at plaintiffs store she bad paid
for, and she held plaintiffs receipt for same.
The court instructed the jury that the defen-
dant could not be made liable under the facts
in this case for that portion Of the account
charged to her husband and which accrued
prior to August 1878. That under the fur
Their instructions OF the court as 10 the 10
gal effect of the promise made in Au
gust, 1875 aud the promise of the de
PENDANT after the death of her husband Il
pay that portion of the account charged Il
Mr.. and Mrs. VIM. Sanders, il the jury should
find from the evidence that such promises
we're made, they returned a verdict for thu
plaintiff TO recover S77.13. Exceptions by
defendant Waterman d Martin for plaintiff
Oudworth, Haskins Il Stoddard for defendant
, j. l.. Bullock Us. tO,oR Of GWJ0rd, -Thi
, WAS an action of Assumpsit brought to reoov
er money paid under protest to the town {
Guiford for taxes voted upon the grand lis
of said town for 1885. II appeared that tn
Z plaintiff returned his inventory to the lister
/. OF said town duly sworn to, which inventory
} ! contained full statement of all plaintiff