Vermont phÅ“nix. [volume] (Brattleboro, Vt.) 1834-1955, 1892-09-23
WINDHAM COUNTY COURT.

j. w. Shdnks rs. Zuiined Whitney and
Il. r. Whitney.-Action for fraudulently
deceiving the plaintiff in the exchange of
real estate. The evidence of plaintiff
tended to show that in December, 1890, he
exchanged his farm i'm Guilford for GER
tain block of defendants situate on Fall
mouth street in Boston, Mass. that his
farm, in the trade, was figured at $1,000, sub
iect to mortgage membranes Of $1,000,
and certain accrued interest thereon that
the defendants property was called S21,-
00O subject to mortgage for S1j, 900, and
certain amount of interest due thereon
that defendants also threw i'm from 500 to
$50 worth of coal in the cellar of the
house, and the parties then agreed to ex-
change even, and deeds were subsequently
passed between them. Plaintiffs evidence
further tended to show that at the time of
sale and as an inducement thereto the de-
PENDANTS assured him that the mortgage of
S15, 900, which was to become due in
March, could be replaced at less rate of
interest; also that there was valid claim
against the city of Boston for some $1,000,
by reason of a portion of the premises be-
ing occupied as a street by the city of Bos-
ton; that there was nothing due from the
city by reason thereof; and that he was
rate of interest, and as a result the mort
gage was foreclosed, and he lost all the
property.
The evidence of defendant tended to
show that he never agreed or assured plain
tiff that said mortgage could be replaced
at a less rate of interest; that defendants
expressed the opinion that it could be,
which he then believed it could be; that in
fact the property was well worth 81, 900.
was rented at the time of sale for $1,000
per year, and mortgage could have been
easily replaced if plaintiff had made prop
er efforts to accomplish it: that the city
was occupying a portion of the lot for the
street and he believed he had an honest
claim for damages. 1t was so represented
to defendants when they purchased, and
that a valid claim still exists against the
city for the lands occupied. The defend
ants offered to show that the farm in Gull
ford, which was conveyed by plaintiff to
them at the price of $1,000, was in fact not
worth exceeding $4,000 at the time, but the
court excluded this evidence as immaterial
in this suit. Verdict for plaintiff $500.
Waterman, Martin Il Hit for plaintiff;
Haskins & Stoddard and Read for defend
ants.
Londonderry rs. INTERPRETATION of
/ a
per, alleged to be chargeable to defendant
town. The evidence of the plaintiff tend
| ed to show that one Samuel Smith was
| taken sick in Londonderry, and that the
| town cared for him from March, 1891, TO
August of the same year, at an expense of
| some $50; that his residence at the time
he became chargeable was in Landgrove.
and that the overseer of the poor was duly
| notified and requested to care for him,
| which he neglected to do. The evidence
on the part of the defendant tended to
show that the residence of said Smith was
not in said town, and that he now had re-
sided therein for three consecutive years
prior to his falling in want of aid. Yer
dict for plaintiff, S63S2 and interest from
Oct. 2, 1891.
Cudworth and Read for plaintiff, J. &.
Martin and Waterman, Martin & Hit for
defendant.
state rs. Chds. Drorn.-Larceny of BIZ
cycle. Plead guilty and sentenced to two
years and three months in the state prison.
state rs. Pdschdl 4. LolceH. Larceny
of horse. Plead guilty and sentenced to
three years in state prison.
state RS. the Sdme.-Larceny of wagon
and harness. Plead guilty and sentenced
to one year in state prison.
state rs. Frank Ford. breaking and
entering house in the daytime and steal
ing various articles. Plead guilty and
sentenced to four years in state prison
state rs. John Scrdnton.-For selling in
toxicating liquor Plead guilty of one of
fence and fined $40 and costs
state rs. james Observation-Disclosures for
breaking of the peace. The jury returned
the bill as mot found by reason of the in
sanity of the respondent" On a hearing
the court adjudged that his discharge and
going at large would be dangerous to the
community, and ordered him to be con-
fined in the asylum at Waterbury till fur
Their orders, at the expense of the state.
W. II. F. johnson Is. W. II. d. +. $.
Minor This was an action to recover the
value of stack of hay which the defend
ant claimed not to be of the quality which
the contract of the sale called for. The
trial began Wednesday afternoon, and the
case was given to the jury at o'clock this
morning.