Vermont phÅ“nix. [volume] (Brattleboro, Vt.) 1834-1955, 1892-03-18

lu the cas-" OF JohhN". ''' ''''-"
ported last Wcek' lh' 'ei"''. was I'l '"'
defendant
State rs. thnf'fN -l'''".- lll'7 was d."
information ulcI hN ,ht sl'l, "''''H'H l".
burglary at bcl'W' J. aus ll' l'' l'il"'''
ON being arrmghed pieau'. -ui'H "'N was
sentenced four years al haIu Ia"'I lii lH'
state prison ai WINDSOR
STATE Cs. HurH bro"".- hI, was an lI'-
formation Tor larceny committed a' beHo"'
Falls. The respondent D, ID years Oh age,
and on being arfalGhea piedueo EuII'N anu
wa, sentenced 10 nara l"'oI Jul lut mouse
oft correction al rutland lot Two wears.
t0lru y. GoSDH rs. J0hH w. H"'I'.---
This was am action ON the case loi neceIl
lu the sale OF % morse. Inc evidence snow
ed that Aug. b. lo"l, inc deienoaHI exc
changed a seven year, Ola piach morse Q"
tine pialntih Tor ID harness. puG-t' wagon
aud S6O lu money. That the defendant
warranted said horse 10 be- sound ana all
right, The plainiif evidence 1urlhei
tended TO show that the horse at the time
of the exchange was affected with the
neayes. and that it wa, plainly seen the
second morning after the trad" hat li
continued 20 grow worse. aud defendant
refusing to do anything about 1t. plainilh
sold the horse in December for so. which
was all it was worth. That had the morse
been sound as represented 1t would nave
been worth Sltu he evidence on the
part of the defendant tended to show that
the horse was not affected with the heayes
al the time OF the exchange. That the
spring before ID had severe run of the dis
temper which left IL with cough, but that
it was entirely over IL az the time of the
trade and had been for several months
That plaintiff did not discover that it had
the heayes until the third or fourth day
after the exchange. and that in the mean
time the horse had been exposed, caught
cold, which developed into the heaves if
the horse had them. Also that the wagon
received I'm exchange was warranted and
proved defective. erdlct for plaintiff OF
So damages Waterman. Martin Hit
for plaintiff. Haskins d Stoddard for the
defendant
Beni. IT. Beers rs. Moses JOhHS0H.-Ac-
uOu ot trOver for quantity of lumber
The evidence of the plalntir tended o.
SHOW that JOB August. 1880. he exchanged
a horse tO defendant Tor pair of oxen. and
that deteudau, agreed iu ueiIyera 40 Jamaica
delo. for ulaiu.itt 80 worth ut lumber
tAe agreed difference ID price between the
horse and oxen. Tina, defendant did dee
liver tae lumber a~ agreed. but before tine
rantin go. ready lo ship b. away the doe
PENDANT loaded 10 aboard tu. cars. shipped
ami sold TO- The defendant, evidence
tended % show that the day he commence
to draw the lumber TO the depot be ascer-
tanned that The horse was not what plaintiff
had represented % to bee. and So when the
lumber was delivered the station agent was
notified not 20 have it delivered over 90 the
llaiutitI until further orders from him. the
defendant That he also sent word Co the
iaIuur that tlr horse was not all right.
and that though he had delivered the Ium-
Deer to the depot. ue still held lt as his own
and that the plaintiff must not interfere
with il until he should make the damage
on the horse all satisfactory to him That
after waiting ID reasonable time Tor the
pidlntln 90 come and See him. and ue fail
ing to do So. hr took charge OF the lumber
sold ami shipped 10 % other partie, The
plauur evidence in reDuttaI tended rO
snow that be- newer received any word or
notice from the defendant a, his testimony
tended TO SHOW. Nerdict Tor plamtitt So
damage, Waterman. Martin a. HIT Tor
the plaintiff. tudworin g. Reed for the de-
PENDANT
=. y. >h'rnull. assignee. rs. Z. L. Rob-
'-t>.-Actou assumpsit o. recover the
Vain" 90 certain property purchased by
Defendant of o.. L. Jacobs in fraud of
tine nsolyent laws. The evidence of
tine plaintiff tended 10 show that the
defendant purchased of j. T. Jacobs