Vermont phÅ“nix. [volume] (Brattleboro, Vt.) 1834-1955, 1891-03-20
WINDHAM COUNTY COURT
MARCH TERM. 1891.

1
surahce company Mt Bellows Falls and cor.
Sinued IN that office until August. 1894
mat the plaintiffs were the attorneys EN-.
pIoyed by the company aud brought many
SUITS to collect assessments levied ON the
Poncy holders TO pay losses. That most of
Ihe assessments were small in amount. and
aIVer payment more or less in number of
thoSe VINO had paid brought suit against
the defendant in his individual CAPACITY To
collect the money back Thet these suits
were brought before justices of the peace
III Inherent parts of the state and were so
small that they could not be apnealed
mat the defendant was severely harassed
thereby, aud he applied to the plaintiff g
Is. Eddy, TO find him some relief Mr. Ed
dy examined the case and finally brought
IN behalf OF defendant a long bill in chan
Gerry and obtained preliminary Injunction
against the several plaintiffs in said ms.
tice suits from further prosecuting the
same. That under the direction of the de-
tendant he prosecuted said bill in cbancerv
TO hnal Judgment, and at the September
Term, 1884, obtained a decree making said
mum, ton perpetual That ON presenting
MS Dill Tor services and money disburse-
ments, amounting to little over 500 the
defendant repudiated his liability, and
claimed that plaintiffs should look 10 the
insurance company for their pay. 1t ap-
peared that plaintiffs having an open ac
count with the company began making
their charges for these services to the com
pany, but finally changed their charges so
that they were made to stand ON their
books against the defendant.
The defendant conceded that the services
were rendered and disbursements made as
nd Nlss.f 81
amount, hut gave evidence tending to show
that G. f. Eddy was one of the directors
OF said company aud well understood that
the company was to bear the expense of
said litigation and that the charges for ser
vices were to be made to the company and
not to him. That when c. b. Eddy and de
PENDANT were returning tn Bellows Falls
from Randolph, where they had been TO at
tend some Of these vexatious Justice suits
and to nave the injunction served. defend
ant informed the said G. b. Eddy that the
company were to pay the expenses of the
litigation and that he was to charge his
services TO them, to which he assented, and
that defendant supposed he had done so un
I'll alter he had resigned his treasurership
and Eddy presented the bill to him for pay
ment, which he refused to pay.
The jury took the case and after remain
ing out all night and most Of Tuesday fore
noon came into court aud reported that
they were unable to agree and were dis
charged Read and Haskins 4 Stoddard
for plaintiffs, Allbee. and Waterman. Mar
tin " Hit for defendant
Edrdrd crosby If 90. rs HiHhie 4. Lam.
son Action assumpsit to recover for grain
and meal sold defendant April II and ~.
1870 The evidence Of plaintiffs tended to
show that in the fall Of 1889 the defendant
received deed of the grist mill property
m the village of Algers. That her broth
err, Royal IT, Lamson, of about Is wears Of
age, became the manager Of the business,
which was carried on under the firm name
of the GulfOrd Mill company. That she
applied to plaintiffs TO furnish said mill
from time to time with grain and feed, di
recting them TO render the bills TO ROYAL
II and that if he didn't pay promptly to
let her know and that she would paw them.
That she had an interest in the business but
that Royal II. was to manage it, Upon the
strength of her promise and credit they
did sell from time TO time bills of grain and
feed to said mill company. That generally
Royal II. made prompt payment, hut ON a
few occasions when he did not she paid.
That the mill was destroyed by fire April
never been paid
The defendant evidence tended to show
that while she owned the real estate she
had no interest in the business done there.
nor did she ever promise the plaintiffs to
pay for any goods delivered at that mill,
except such as she might bay herself. That
she did pay for one or more invoices of
goods, but it was for only that which she
personally contracted for and sent to the
mill to help her brother.
Verdict for defendant. Haskins < Stod-
dard for the plaintiffs, Waterman Martin
& HIT for defendant.
Ite.r II. Pile rs .lbeiJ Pike. Action of
general assumpsit with special count Plea
general issue offset ana tender The plaintiff
presented an account for interest due, on II
promissory note. March 90, 1870, S2l and
cash received for lumber in June, 1890,
50 80, making $50. 80 and interest TO date
These items were conceded by defendant
The defendant presented an account against
plaintiff which was not disputed of 50 ~
with interest to he added He also gave
evidence of tender of S2J made to plain
tiff before suit was brought This tender
was denied. The great bone of contention
grew out of a land purchase The evidence
of the plaintiff tended to show that March
26, 1889, he sold and conveyed TO defend
ant tract of timber land in Stratton at
the agreed money consideration of $3.50,
and for which the above mentioned note
was given. That as further cunsidera-
ton for the said tract of timber land. and
as an inducement to the conveyance afore-
said it was agreed between the parties that
the logs cut from said timber land should
he drawn to plaintiffs saw-mil and there
worked into lumber. That defendant had
cut off logs amounting to about 300, ono
feet of lumber, hut instead Of drawing the
logs to plaintiffs mill, defendant drew
them to another mill The plaintiff re-
quested defendant to draw his logs to his
mill, but he refused to do so unless plaintiff
would saw defendants logs out before the
logs of other customers. That plaintiff
told him he would do that provided he
would furnish enough to keep his mill run
ming, otherwise he would treat him as 9TH
err customers That plaintiffs mill had a
capacity to saw out 1000 feet an hour, and
that the profit he had lost by reason of not
delivering the logs to his mill amounted to
some $500
The evidence on the part of the defend
ant tended to show that he never agreed to
draw his logs to the plaintiffs mill, and
that he paid all the land was worth when
he took the conveyance. That he did draw
his logs TO a certain steam mill in Stratton
for the reason that the plaintiff had not
sufficient accommodations TO work his lum-
Der, and no planning machine with which to
dress the boards after sawed. That he was
under no obligation to patronize the plain
tiff's mill.
Verdict for plaintiff for Sl49 80. S. T.
Davenport, and Haskins q StOddard for
plaintiff Waterman, Martin x Hit for
the defendant
The case of Watson S. French rs. John
B. Ware and others is printed on our first
page.
Criminal Gases and Sentences.
Wednesday, in the afternoon. the follow
ing prisoners confined in jail were arraign-
ed plead and sentenced as follows:
state rs John D,gir. Indictment for breaking
iail August ~ lSsi. Plea guilty, and was sen
fenced 10 three years hard labor in the state pris
Stote rs. Nark SrarorfLH Information for
break King Jail Feb. n. 1891. Plea guilty. and WAS
sentenced "a two years hard labor in the state
prison,
last one Plea guilty, and was sentenced 10 hard
labor in state prison for two years.
Sfute rs Ddrd Hdrrey- Information, plea
and sentence the same as that in Aliler's case.
state ~. Henry +. .CdTpeHter.-- Information
for the larceny of horse, the property of John L.
Raw in September last. Plea guilty, and was
sentenced to liz confined at hard labor for the term
of -four years IN state prison
state u.s. willie j. EHis-I formation for an
assault with intent 70 carnally know a female
against her will. Plea guilty, and was sentenced
rrction for one year. The respondent is boy Of
X wears of weak intellect. and did not fully re-
ale the enormity Of the offence.
These prisoners we're taken to Windsor
on Thursday morning by Sheriff Subway
and Deputy Me!endv.
Judge John r. Bradley of the New York
supreme court died Sunday of apoplexy,
AZ ed 90 years He had been on the bench