Burlington weekly free press. [volume] (Burlington, Vt.) 1866-1928, 1894-05-24

MONTPELIER, May 17.-The case of
Thomas f. Lynch VS.. the town of Rutland,
is an action in ejectment from Rutland
county brought to recover a triangular
piece of land of about 1900 square feet be.
ing corner of land extending abQRt "a
feet into the street formerly kno& as
Strong's avenue now Merchants row exten-
sion. The defendant town claims full de
tence, as its evidence tends to prove that
the land IN question is a regularly laid out
and established highway. Butler and Ma
lOney for the plaintiff, Joel c. Baker for de-
fendant.
In First National bank Of Brandon vs..
Fred H. Harrington and F.. ID. Tyler as as
signee of George Briggs, insolvent appel
ants-this case comes from Rutland county
the insolyent Briggs signed bond as
surety May >, 1883, in favor of the presi-
dent and directors of the plaintiff bank as
security that the cashier, F. +. Briggs. hon
estly discharge his duties as such cashier.
The bond was given in the penal sum of
$50, 600. f. f. Briggs held the position Of
cashier from Feb 3, 1888. to January. 1893,
when it was discovered that his defaults
amounted to several thousand dollars, and
this action was brought to recover the
amount of such defaults The defendant
pired. 1t appears that the bond bore no
seal. The main question is whether or not
the bond was continuous one Plaintiff
obtained pro forma judgment in County
Court The case was argued this forenoon.
J. c. Baker for the plaintiff and c. NJ.
Wilds for the defendant.
The case of State of Vermont vs.. C. Z.
Bcnton's estate comes from Essex county
and is an action of assumpsit in which the
plaintiff seeks to recover of the deceased S
estate the amount of certain fees collected
by him when he was the clerk of Essex
County Court and Court of Chancery and
also judge of the Probate Court, and not
turned over by him to the State. The com
mssloners disallowed the claim of the State
to which an appeal was taken, and in the
County Court the judgment was in favor of
the defendant. The case is heard upon an
agreed statement of fact. 1t appears that
the deceased was somewhat negligent III
making up the court records, but the State
only claims to recover its share of fees ac-
tuaIly collected. The amount involved is in
the vicinity of $1,000 This case was argued
this afternoon. Bates and May appeared
for the State and George " Dale for de-
fendant.
Willard A. Bullard, executor of Caroline
A. W oOd VS.. Belle &. Perry, is a case in
chancery from Rutland county. The bill
was brought to obtain contribution from the
defendant on account of alleged liability
arising out of a certain contract of ndem-
nifty executed to Caroline A. Wood late of
Cambridge, Mass, by her husband Charles
Wood, since deceased, and the assets of
whose estate have come to the defendant as
an heir of the said Charles Wood. The de
fendant claims that the contract of indem-
nifty does not bind the defendant as an heir
OF an heir, and also that as it was made as
far back as Sept "A, 1877, the statute of
limitation has run. About SSOO0-is in
volved. The case was argued this forenoon.
Joel c. Baker appeared for the complainant
and &. F. Lawrence for the defendant.
The case of Solon |. Atherton VS.. +. j.
Whitcomb, in chanccry from Windsor
county, is now being argued The orator
and defendant We're partners in the business
of buying and selling -four produce, grain,
etc, from 1868 to 1883. when the bill in
this suit was brought for the dissolution of
the partnership and for an accounting.
Tne parties We're both residents of Ludlow
and the firm name was Whitcomb Il Ather-
ton. No settlement was ever made while
the partnership existed. They were equal
cashier. Both drew out sums from the firm
openly as he needed More than one-half
the amount orator withdrew from the firm
was merchandise for which he was charged
the retail price. Defendant drew out only
cash. Defendant claimed interest on the
yearly balances which, under the circum-
stances, was disallowed by the master as
not being equitable and the matter Of in
terest is the contention i'll this case, which
makes n difference of more than $4,000 in
the adjudication. Since suit was brought
the orator has deceased. w. W. Stickney
for the orator and q. f.. Lawrence for the
defendant.
MONTPELIER, May lS-The case of Girls
wold, Pearl a. Co. VS.. F. A. X A. w. Scott
from Caledonia county was argued this fore
noon and is an action of book account.
Both parties reside III st. Johnsbury. 1t is
admitted by the defendants that there is
balance due the plaintiff of $42 73. The
contention is over carload of flour con
sisting of 121 barrels, for which the CON
tract price was $500. This flour was stored
in the plaintiffs storehouse at St Johns
bury and was destroyed by fire Oct 30
1892 The dispute is as to which party
owned the -four at that time. Harry
Blodgett and w. p. Stafford for the plain
tifrs and Bates and May for the defendants
State VS. Napoleon Nalwell is from Gale
donia county and was argued this afternoon.
The respondent was convicted in the County
Court upon an information for burglary, in
breaking and entering the dwelling house of
William Damon in Kirby on the night of
Aug. y, 1898, and therein stealing four
pals of maple sugar. The respondents S two
companions at the time of the incident
pleaded guilty. In the County Court the
respondent was sentenced to two and one
half years in the States prison and execu-
tion of the sentence was ordered and a nit
timus was issued Dec. %, 1893. States
Attorney II. c. Bates for the State, Alex
Dunnett and Harry Blodgett for the re
spondent.
The Merchants National bank vs.. Arthur
Taylor is now being argued and is from
Caledonia county. This is an action on the
case for deceit. Plaintiff obtained n verdict
in County Court of S6l2 ~. Defendant
claims that as plaintiff elected TO prove his
debt in the insolvency and having received
a dividend, he is bound by the dis
charge given by that court to the defendant
and estopped from deriving benefit from
this action. ~ T. Stafford for the MIA n