Middlebury register. (Middlebury, Vt.) 1886-1937, 1894-12-07

was all got in before the evening recess,
Nand Messrs. Wilds and Fish made brief
arguments to the jury Wednesday fore
noon. Judge Tyler gave them the case
i'm ten-mnute charge, al d they retired
at 10 80 to consider their verdict. Upon
the opening of court after dinner the iu-
nv came in and reported verdict for the
Defendant, that he recover his costs
The number of cases set for trial on
the jury calendar was considerably re-
duced Wednesday forenoon. settlements
were announced In the cases of Melissa
Chase " Dyer Bennett ct al, A. V. Fish
er V. Augustus Muller and +. NJ. FuOte
V. Joseph Iarrow ct al, and they'were
entered discontinued The case OF +. II.
Merrill ct AL V. O. b. Wolcott was re-
ferred to w. l.. Burnap. c. Nj. Nilds
was appointed commissioner in Lincoln
Lumber Co. V. Iarrabee's Point Lumber
Co. land it was continued.
Another trial was started Wednesday
afternoon. The case is l.. Il. Alden ct
al. V. +. l.. Parkhurst ct al, Button ~
Button representing the plaintiffs and
Mr.. Wlds the defendants. Alden and
Parkhurst, who are cousins. went into
a partnership i'm the grocery business in
Middlebury in the spring of 1871. In
February Of that year they borrowed
5000 to put INTO the business from
Columbus Smith, Esq. of Salisbury and
executed to him a Joint note, which was
also signed by Mrs. Harriet Alden. l..
Il. Aldpns grandmother, who lives in
Leicester, the note to ron three years
with annual interest. After about three
months. in June, 1891, the partnership
was di solved, Alden retiring. and in the
/ settlement of their affairs Parkhurst, as
the plaintiffs claimed, assumed the OBJ
/ legation Of paying the note. 1t was not
paid by him, however, and Alden had to
pay it himself. which he did some time
/ after it became due last February, and
the present suit is brought to recover
the amount paid on the note TO MIR.
Smith. At the time of the dissolution an
agreement was signed by Parkhurst and
his mOther-iu-law, Mrs. Sheltus of Mid
dlebury, that Parkhurst should pay the
note This contract, the defense claimed,
was orally conditioned on the future
success of Parkhur>t in his business.
But his business continued poor and in
| November he was burned out and thus
found himself unable to help about pay
ing the note. When originally given it
was understood that the written agree
ment was not to be binding, except in
case of such success. but was made out
more particularly to satisfy the mind of
the old lady Alden that the note would
ho mid .,lI ,i,,bt ,nd tL,t rho oblir,t,ou
of hnrself aid hnr orandsnn to INV il
had rn,snd mo teefinnnv was III rnt
In hv 10 10 o,.lnrL TLursdav forrnoon
~ il Dntton thon n,,dn ibo nnn,,in,r
argument for the plaintiffs and was fol
lowed by Mr.. Wlds for the defense. +.
II. Button closed the argument for the
Aldens. Judge Tyler charged the jury
tired r. delihcrate- Thev re[urned In 10
ninntns and rendered - verGirt for thn
nl.,imtin.s thar thev rernvnr thn ,n,onnt
nf rho Smirh note and th4ir rosts
Thp case of MAY KnIIeubach y II G.
pottnr or 81 v1ns rried nv rho ronrt i'm
tha GRAND iur, room "Wednesday evn,,inJ
KnlIcnharh wont IN Sonth Amorirn IN
fhe interest of the defendants some three
mr. fnur vn.rs .rn wbar rho dofnnd.,nts
rook some horses dawn for sale in the
Arrontine pnnullir Nov Enllonha,h
su,s to rncnv,.r sI00 tho auomnt Of his
r,ssaga mone,, homo wl,ich rho ,,,f,md-
,nts refn.ed ro.n.v IN the grnnnd that
rho nlnintif' had Inft tI.ir ennIov hefnrn
his tima v,ns nm Rntton G. Rutton an
rn,rod ror ,l,n ,,lni,tio ,,,d Nr WiId,
for tLo dnfonsa Tho nn,'rt has nor var
ro,,dnrod ;ndcr,,,ont
So,nan; nf rho ,.asos sot fo, tri.l boy-
ino beam ,ontinmed mr. settlad and tho,o
tried and to he triad bavimg 'I" haon MI, oIl
short omee If looks nrnhahIe that rho
Form, viii Ia hrnnnht r. cIoso %r the
and Of nnxt u,aol
Shnria Nerritt hos re-an,ointod tho
old hon,,t,. shar,a. rho, 'ro ~ W. ~
CAIN and rhad NJ Chatham" of N;ddia
t',.,. ,r ~ %I;dJi'ln1'i. 'e Va.'''a-
Oiin Sn,i,h "f tddi"nn iobr ca
rnu of Zau, uaron W. '''' .-,.roo, o"e'
w pr,etoI I1aard H., ,-"H '"T