Orleans County monitor. [volume] (Barton, Vt.) 1872-1953, 1894-02-12

CI0 pIdlACiu, ISS1ulAS uPOA LID l a. LII
This note against Gotta was secured by
a chattel mortgage covering one brown
horse and other property. Afterward
the defendant exchanged horses with
Gotta, giving him brown colt for the
brown horse. The plaintiff after
wards bought of Gotta this brown colt.
In process of time the defendants call
upon the plaintiff to pay the balance
of the Gotta mortgage, claiming that it
was agreed with Gotta when the colt
was exchanged for the brown horse
that the colt should be substituted for
the horse and held under the lien. The
plaintiff claimed that when he bought
the colt he had no knowledge of the
mortgage referred to, but supposed
the defendants might have straight
mortgage on the colt. He did not
know it, but supposed it was so on
general principles as the defendants
were very careful, shrewd business
men. When notified of defendants
claim be went to Barton Landing, and
from representations of defendants
and their counsel he thought perhaps
he might be holden. He did not want
defendants to take the colt in ques-
ton, which he had already sold, SO he
then gave defendants note for $6S. 90
and received from them the original
Gotta note and the mortgage covering
the brown horse. Later, on examin-
ing the mortgage he found it did not
cover the colt in question. He then
offered the defendants the Gotta note
and mortgage and demanded his note.
They refused to exchange and so he
brought this suit to recover his note.
The plaintiff claimed deceit on the
part of defendants. The defendants
claimed not only the agreement be-
tween Gotta and themselves as to the
substitution of the colt for the horse,
but that Gates, when he bought the
colt, knew all the circumstances and
knew that the colt was covered by
the old mortgage on the horse. The
testimony of Gotta tended to prove,
both these statements. The defend
ants also presented as witness, AL
bert Hawley, who overheard CONVEX
sation between the parties, whose ev-
idence showed that the defendants
then told the plaintiff of the lien upon
the colt. The main evidence was Civ
en- by the parties to the suit and was,
as is usually the case, mainly
contradictory. The case was argued
by all the counsel quite at length.
The judge in his charge to the jury
told them they were first to determine
from all the evidence sub mitted
whether it was arranged between Gotta
and the defendants that the colt
should take the place of the horse in
the lien of the mortgage. They must
then inquire whether the fact was
known by plaintiff before the pur-
chase of the colt. If the plaintiff knew
it before the purchase Or before Civ
ing said note and understood that de-
PENDANTS were making claim under
said mortgage then the compromise
of that matter when note was given
was sufficient to make the note valid.
If there was really no such substitu
ton of the colt for the horse, or the
defendants made misrepresent atiOns
to the plaintiff, or in any way deceiv-
ed him there would be good ground
for the plaintiff to recover. One or
the other of these conditions must be
found to give plaintiff verdict. In
case of verdict the plaintiff can only
recover nominal damages, but such
verdict would be a complete bar
against any collection of the said note
from plaintiff.
Jury were out about half an hour
and rendered verdict for defendants to
recover their costs.
The next suit was No. 84-B. F.Ham-
ilton VS.. Jos. A. Gray; counsel, Cook
and Redmond for plaintiff, Dickerman
and Young for defendants. Jury: Ell.
NJ. Doane, Geo. E. Bartlett, Andrew
Wilbur Souther, Dana
Fuller, Carroll Whitcher, Stephen Bur-
rows, Damon j. Ware, P. A. Green,
E. P. Richardson, VIM. R. Eastman,
rhos. Hughes.
This suit was brought by the plain
Tiff, B. F. Hamilton, to recover for
services and money paid out for the
The plaintiff was then
deputy sheriff and the services allud-
I'd too were in part for serving legal
papers. A part of the contest grew
,ut of a contract between the parties
.elating to collection of certain ac-
counts. It was admitted that a con-
ract had been made by which Hamil-
on took notes from defendant GRAY