The Vermont watchman. [volume] (Montpelier, Vt.) 1883-1911, 1895-11-20
Washington County Court.

DAVID l.. FULLERv COPELAND * STAPLES.
By agreement OF counsel judgment was
entered on Saturday forenoon against de-
PENDANTS for $707.96 damages and 1886
costs The judgment Is two. thirds OF the
amount OF a note which plaintiff signed
with defendants as a co-surety and had to
pay. The matter originated in the affairs
OF the Excelsior Granite Company, now in
solvent in the management of which de-
PENDANTS we're responsible j. w. Gordon
for plaintiff; W. A. Lord for defendants
GEORGE B B. DENNY v. Mrs. II, HOP.
KINS APT.-This was an action in assnmpsit.
Both parties reside in Montp ,lier. Plain
tiff claimed to recover the amount OF 1928
note dated September %, 1894, payable to
the order OF Charles Il. C0burn at the
Montpelier National Bank one month after
date, and signed by Mrs. H. Q. Hopkins.
Plaintiff, who is tailor, claimed that
Coburn came to him with the note and
wished to have pair OF trousers made for
him, and have Denny pay him the balance
OF the note. Denny agreed to take the note
and pay him the balance If Mrs. Hopkins
should say that 1t was all right, and accord.
ingly Coburn and Denny called upon her.
Denny testified that she agreed to pay
the note at maturity, and, in conse-
quence, he paid $50 to Coburn for the
note and made an IS pair OF trousers for
him, and placed the note in the bank when
payable for collection The trousers we're
never delivered, owing to talk which he
had next day with Mrs. Hopkins. Defend
ant denied signing the note; also claimed
that If she had it was through fraud. Co.
burn was selling preparatio for the face,
OF which 1923 worth was left with defendant.
The evidence was not altogether clear as to
what her contract with Coburn was. She
claimed that she was to place agents
and receive a salary of So per week,
whether she made any sales or not, and it
was this salary that she was to turn in to
Denny She never made any sales nor at
tenn pied to, as she was convinced she had
been imposed upon, and saw no more of Co
burn. The case was submitted to the jury
Monday afternoon, who returned verdict
of $29.79 and costs for plaintiff. Fred A
Rowland for plaintiff; s. c. Shurtleff and
j. P Lamson for defendant.
EVA G. WEBSTER v. GEORGE O. WEBSTER.
Divorce The defendant was formerly
pastor of the Baptist church in Montpelier.
1t is said that he is now in New York Bill
granted for intolerabe severity, and petit
toner granted custody of her minor child
Marion A. Her attorney was s. G. Shurt-
left.
II. W. THREsHER v. GEORGE W. CHAN
DLER AND WIFE. In chancery, being FORE
closure case against a village place in
Gouldsville, about $500 involved Defend
ants were defaulted Tuesday forenoon
Bill taken as confessed. Decree for orator.
Time of redemption fixed at one year. @.
ID. Edgerton for crater.
HENRY HOLMES v. DAVID l.. FULLER-
This trial began Monday afternoon Plant
if Obtained on May IA, 1889, by warranty
deed, parcel of land in Montpelier east.
erly from Franklin street. In an action OF
trespass brought afterwards by Fuller
against Holmes in this court it was deter
mined that under the deed Holmes had a
private right of way to his land. In Novem-
Der, 1893, Fuller caused the private way to
be faced up for sixteen or eighteen DAYS,
remaining until removed by Fuller. No.
vember "a, 1893, highway was established
by the village trustees. Before laying out
this highway, as condition precedent the
trustees required that Holmes should pay
$40 toward the land damages. Fuller re-
ceived 500 as land damages. Holmes
claimed in this suit to recover the $40 and
actual damages suffered by him by reason
OF the highway being closed; also exem.
plary damages. The court ruled the $40
paid the village out of this case, holding
that public highway was an additional
burden to Fuller. The jury returned a
verdict that plaintiff recover $35 and costs
s. G. Shurtleff for PLAINTIFF j. W. and T. r.
Gordon for defendant.
In the case of Russell Sawyer v. Roswell
Child, jury has been empaneled. No
evidence as yet has been put it. 1t is ex-
pected that the jury will be dismissed this
week. There is only one civil, and, prob
ably, one criminal case, left for jury trial.