Burlington weekly free press. [volume] (Burlington, Vt.) 1866-1928, 1892-03-03
A RAILROAD CASE
Consumes Most of the Time in tho United
Stntn. , ,,nrf N ed Ii eAhmx-

ceiver, were denied. In the matter of the
petition of {. W. Writer'S, receiver, for
leave to sell the Burton decree for $1,000, 1t
was ordered that the receiver have leave to
accept the oiTor Of b. f. Rugg for the
same.
The case of Savage & Danforth against
William Foster, jr., was then called and a
jury empanelled. Mr.. w. Ii. Stevenson of
Bridgeport. Conn, former president of the
company, Mr.. Reynolds OF Schaghticoke
y. y. receiver of the Lebanon Springs
railroad, and the defendant were the only
witnesses examined when court took a recess
at 5 80 until Thursday morning at 9 o'cloelS.
This case is Of considerable Importance.
The plaintiffs were creditors of the Now
York, Rutland and Montreal Railway com
pany, having performed considerable work
In the repair OF the Lebanon Springs rail-
road, and they hal recovered judgment
for about SIC 900 against the New York,
Rutland and Montreal company for such
services 10y suit in the Bennington County
Court, in June, 1890 The Lebanon Springs
railroad had been purchased by the New
York. Rutland and Montreal Railway com
paAy from the defendant, William Foster,
IT., and his associates, who had purchased
it at judicial sale. The New York, Rut-
land and Montreal Railway company became
insolvent and the plaintiffs judgment debt
was not paid and then through their counsel,
States Attorney G. Il. Mason Of Bennington
county, brough. this suit against defend
ant claiming that he was stockholder in
the New York ltutland and Montreal Rail
way company and there was due from him
to said company a considerable amount Of
unpaid stock subscription. The plaintiffs
base their right Of recovery on Il statute of
Uni uI,sta GaS
stockholder individually liable, to the ex-
tent OF his unpaid stock subscription, to an
unpaid creljtor OF the company.
c. II. Mason Of Bennington and c. NJ
Wiids Of bliddiebuyy are counsel for tue
plaintiff, ami +. q ooinington OF Rutland
Delos McCuriy and Charles ord Of New
York Tor tue defence. j. h. BAtchelder
was associated with Mr.. Mason in the CASE
but was unable to bo here, SO Mr. Wilds
was called into the case unexpectedly.
The united states circuit Court Takes u
Recess TIL Wednesday, II: Il. Nj.
The United States Circuit Court opened
Thursday at 9 u'c.cct III the forenoon, and
the case of Savage ~ Dantorth against
William Foster, Jr., was resumed. The de-
PENDANT took the stand and was cross-ex-
amimed by Mr. Wi,ds some four hours
Mr.. MCCuruy Ihisrl d NlurstiOh VI INV tASu,
and after an animated discussion by the
counsel, the court ruled against defendant.
Jud, Mason made the opening argument
Tor the plaintiN, MIR. McCurdy followed Tor
defendant, and {. ii. Wilds closed TOR tne
pam 1T. Tue arguments we're concluGal
ut 1:lO O'Clock. Judge hee.er occupied
but a tew minutes in his charge TO tho jury
and they retired at J:JJ. at I ooiock
they came in with n verdict for the PLAIN
iins o $4,000, and interest on the same
from June /, 1850. / his Is the iuil amount
Of Mr. Fosters unpaid stock subscription,
aud al the plaintiffs aimed tue defendant
was liable Tor. The fIll amount Of Savage
x Danturth's claim against the Lebanon
springs railroad is 81 600, and similar
proceedings viii probably be instituted
against other stockholders in like manner,
if plaintiffs lind there are any who hold
unpaid stock subscriptions. Deios McCur-
~ and Charles ard OF New ORR, and
+. q. Swinineton OF Rutland, repres .nted
Mr.. Foster, and states Attorney Mason
OF bennington, und I. NJ. w ius oi Mid
d.ebury, the plaintiffs.
The grand jury finished their work at
/ 1890 "A. III. and r0DOTtei five true bills and