Vermont phÅ“nix. [volume] (Brattleboro, Vt.) 1834-1955, 1892-03-25
VERMONT PHOENIX, FRIDAY,

payable in two months and signed by |.
X. Allen IL Co., as principal and the de-
PENDANT as surety The defendant admit
ted that he signed the note and the plain
tiff then rested his case. The evidence
on the part of the defendant tended to
show that |. X. Allen d Co., were indebted
to the plaintiff for lumber to the amount
of S1l75. That January II, 1891, a Mr..
Thompson, vice president and agent of the
plaintiff company, came to l}ratteboro and
requested payment or settlement of said
account. That Allen IL Co. could not pay
in money, but proposed giving him three
notes payable i'm two, three and four
months, two of said notes for $500 each,
and the third for 1878. with the names of
Geo. f. Crowcll and the defendant as
sureties. The agent Thompson acceded to
this proposition and Allen started out to
procure the sureties proposed TO sign,
leaving Thompson at his Office. Allen
learned that Crowel was out of town but
found Stockwell, who returned with Allen
to his office. When at the office, and in
the presence and hearing of Thompson, the
defendant was requested to sign the notes,
Allen IL Co. having already signed the
same. Defendant declined to sign unless
the name of Mr.. Crowell was first procured
upon the notes 1t was stated that Crowell
was out of town and would undoubtedly
sign on his return home Defendant pre-
ferred to await his return. But as defend
ant was to leave the next morning for an
absence of several weeks, it was agreed
that he should sign the notes as surety,
which he did do, writing his name at the
bottom thereof, and that on Crowell's re-
turn he should sign same in the vacant
space between the names of Allen q Co.
and defendants, and that said notes should
not be used unless Crowel's name was
procured. Upon this understanding de
PENDANT signed the notes, and Thompson
left them with Allen to get Crowelfs name
when he should return. Allen afterwards
solicited Crowell to sign, which he refused
to do. Allen retained the notes until Jan
uary %, when he sent them to the plaintiff
without the name Of any surety but defend
ant On defendants return home he found
on enquiry that Allen had sent the notes
to plaintiff, and soon after he wrote the
/ plaintiff denying his liability for the reasons
above. When the note in question became
due Thompson came to Bratteboro and
saw Stockwell. and then admitted that he
understood that Crowels name was to be
procured and that the notes were left with
/ Mr.. Thompson was in denial in substance
/ of the testimony of the defendant and his
/ witnesses. Judgment was rendered for the
/ defendant, Stockwel. Waterman, Martin
/ ~ Hit for plaintiff, IIaskins IL Stoddard
/ for the defendant.
/ 4. 4. GoodH rs. Lyman + HoidcH.-
/ Action of trespass for cutting taking and
| carrying a quantity of pine trees. The
| plaintiffs evidence tended to show that in
| the spring of lsSS 4. F.. Doolitte of Brat
| tlcboro purchased Of w. r. Wheeler of
/ Townshcnd and received conveyance of a
quantity of timber trees standing on a
certain tract of land in said Townshend,
! and that it was stipulated in the deed that
said trees should be cut and removed on OF
| before June /, 1890. That after Mr..
! Doolttle's death, he purchased and secured
/ a conveyance of the same timber trees OF
said DoOlittle's eXeCutriX in November,
/ 1858. That before making said purchase,
/ and as an inducement for so doing, said
| Wheeler agreed with him that if he would
/ purchase the same and give him, Wheeler
and his boys the privilege of working for
him in cutting and drawing such of the
wood on said lot, at a certain price
as they had time and opportunity fOI
doing, he would extend the time of getting
of said lumber and wood until June l.
1891. That he went on to said lot and
commenced cutting and removing the
wood and timber in the winter of ISIS
and 1889, and also employed Wheeler, hi,
boys and teams, in and about the work
That owing to the want of snow, he only
got off a portion of it that season. That
, when he attempted to cut the remainder
the ensuing season, said Wheeler forbc
him from doing so, claiming that the time
for getting ii off expired June l., 1890
That Wheeler sold to the defendant, Hol
den, the pine trees standing thereon
amounting to over 10000 feet. That il
was worth - per thousand standing Tn,
evidence of defendant tended to show thai
said Wheeler never extended the time tC
said plaintiff for removing the timber, bu
that it expired June /, 1890. 1t was also
claimed in defence that it being an interest
in land, the time could not be extended
except by deed in writing. Judgment
for the defendant lIaskins IL Stoddarl
for plaintiff, Waterman, Martin Il Hit
for defendant.
The following divorces were granted;
Leander \. Bourne from Mary j. Bourne
Isaiah T. Mallory from Lydia Mallory
Edward Banks from Adeline Banks
Frank \. Fuller from Lydia \. Fuller, foI
wilful dcscrion; Julia F. Thomas from
English l.. Thomas. Harriet Smith from
Julius SmiSh, for intolerable severity
Ellie X. Parker from Gabriel ;. Parker
for wilful refusal to support.
/ The business of the court was finished
and a final adjournment reached, on
Thursday afternoon.