Burlington weekly free press. [volume] (Burlington, Vt.) 1866-1928, 1896-05-28

action against defendant as a life insur-
ance solicitor for fraudulent representa-
lions in the sale Of life insurance policy
in tho New York Mutual Life Insurance
company which plaintiff purchased Of de-
PENDANT at Ryegate in May 1903, paying
him s202. so In money and giving him $3.50
note which he paid when the policy was
delivered, this being the amount of the
annual premium. Plaintiff paid the sec
ond annual premium and abov year and
q half after he purchased the policy he
discovered as his testimony tended to
show, that the policy was not what he
purchased. Plaintiff obtained a verdict IN
Caledonia County Court Of $3.50 and costs.
Defendants exceptions are based largely
upon objections to the evidence admitted
at trial and to the charge of the court.
w. p Stafford for plaintiff, Bates and
May, Dunnett and Slack and Harry Blod-
gett for defendant
Isaac p. Titus, proponent Of the last
will Of Lydia p. Fuller VS.. Henry r. Gage
contestant, apt, is an appeal from the
probate of the Will. The aforesaid Lydia
left yam estate which appraised about
$4,000 and by the provisions of her will be-
queathed all OF her eseate to the Old La
dies Homo in st. Johnsbury, except IS, to
Henry f. Gage, her nephew and only heir
at law, who contest the probate of the
Will upon the ground that the said Lydia
was unduly influenced in the making of
not of sound and disposing mind. The
case was tried by jury in Caledonia Coun-
ty Court who sustained the will in their
verdict. w. y. Stafford for prepayment;
Taylor and Dutton and b. T.. Builard, con-
testont.
Has Reconvened and the Argument of
Cases Resumed.
Montpelier, May 26.-The Supreme Court
rcconvcned at o'clock this morning and
the case of Dunklee VS.. Hooper, from
Windsor county in which the arguments
were begun Friday afternoon, was taken
up and finished.
The chancery case of Mary RI. Willis,
odminlstratrlx, VS.. Joseph II. Chapman
ct AL, followed, and is a bill to recover
interest at the rate OF ~ per cent on 5000
of capital stock of the Shutdown Cheese
Factory company, fon "a years. The claim
is based upon section three of the consti-
tuition of the company which provided
that said note should be paid out of the
general fund on paid up stock before di-
vidlng the proceeds for the cheese for the
season and free and clear from expense
OF repairs, taxes and insurance. The
company was organized in 1869 and incor-
porated by the Legislature in 1870. The act
of Incorporation was accepted by the men,
bers of the company June 8, 1871, at which
meeting the matter of paying interest on
mination of thcdrectors. Plaintiffs claim
is as administrators Of J. II. Willis, who
had purchased the stock of o. d. Young
In 1S71. If interest or dividends are al
lowed 1t must come out of the capital
stock Willis received dividend of $7.61
in 1872; since then no dividends have been
declared. Defendants claim that no divl-
dend can be paid out of the capital stock
and disputes that the company IL acting
as partnership under tho original art-
cles of association, as claimed by oratrix,
but is corporation. w. c. French for
oratrx, ]. C. Baker for defendants.
State VS.. Harvey Badger in which the
respondent was convicted of a breach of
tho peace in Washington county was con-
tinued and in Harvey Badger VS.. State of
Vermont which is petition for n new
trial 1t was ordered that the petitionee
take its testimony by July 20. The rebuff
tai by August 10.-The case was also con-
| tinued.
In f. T. Seaver VS.. Arthur Wilder, apt,
defendant on March IL, 1894, gave plaintiff
a check for s93.33 in payment of pile of
| lumber the stipulated price of which was
| $l75 but defendant claimed that he was
entitled to a certain number of feet. The
check was given to balance account.
| Plaintiff applied the check on the account
and brought this suit for balance and in
| Orleans County Court recovered $9l AZ,
| the larger sum named in the report. De-
| PENDANT claimed that the check was given
in accord and satisfaction and that plain
tiff is entitled to only nominal damages
O. s. Annis for plaintiff, w. w. Miles for
defendant.
George W. McGaffey VS.. John w. Man
| tie and trustee. in orleans County Court
defendant on his plea In offset recovered OF
plaintiff $5S9.22 cents and costs which was
| for the amount of three promisory notes
| which plaintiff had given to defendant
! less a 800 payment. Plaintiff claimed that
he was under no obligations to pay the
notes and that he had left the 800 to de-
PENDANT Plalptiff claims that there was
no evidence in the case to warrant the
finding of the court that the 800 was a
payment. r. W. Baldwin for plaintiff
w. W. Miles for defendant.