The Vermont watchman. [volume] (Montpelier, Vt.) 1883-1911, 1896-03-25

that being the amount of the original award |
aud interest. H. w. Scott aud D. T. Lam
son tor plaintiffs +. j. Martin aud w. Il. |
Barney for defendant
JESSIE FRAsIER " HOME LIFE INSURANCE I
COMPANY The action was brought IN a. /
sumpsit to recover Of defendant 5000, less /
unpaid premiums on all insurance pollcy
which plaintiff held upon the life Ct Der
husband, Peter y. Frazier of Barre who
died on December %, 1894. The defendant
demurred to the declaration. Inc court
sustained the demurrer and ad1udged the
declaration insufficient, the principal ground
being that certain facts we're not set forth
with sufficient particularly TO ENABLE 90
PENDANT to traverse same. j. w. Gordon
for plaintiff; Dillingham;, Huse ~ Rowland
for defendant.
D.L. FULLER & Son v. WILLIAM SELLERS,
APT -Trover for the converse on OF NOW
ing-machine. On Augusta, 1889, defendant,
who resides in Marshtield, gave to plaintiffs
SAG lien note for the machine, payable
one-half on November l, 1899, and one-halt
on May /, 1890, and, not being paid, tue ma
chine was returned the next spring to plain
tiffs' agent, Daniel Bancroft of Marshield,
and was a payment of the note, or pay
ment on same. The note was not surrer-
dered. Defendant In 1892 purchased QUE
half interest in the machine OF Bancroft, aud
year or two later purchased the other nall
at auction of Bancroft's administrator. The
note dropped out of the case and the ques-
ton turned upon whether Bancroft was
plaintiffs agent in disposing of the ma
chine. Defendant testified that at the time
he purchased the one-half interest in the
machine of Bancroft he was shown letter
| from plaintiffs inquiring about the machine
and authorizing Bancroft to sell II. Plain
tiffs did not remember having written any
such letter. The jury was given the case
and in about fifteen minutes returned ver-
dict for defendant to recover his costs. T. r.
Gordon for plaintiffs; j. p. Lamson for de
| PENDANT.
FRED FULLER " JESSE LAUNDRY, APT
Action of assumpsit on conditional lien
note given to Charles " Kent, April IA,
! 1898, by the defendant, for chestnut mare.
This note was purchased by plaintiff last
June, who gave Kent in payment colt and
COW which he valued at 1925. Defendant
claimed that in the latter part of last April
he saw Kent at his farm in Calais and that
| Kent agreed to give up the note for the
mare and his choice between a sucking and
a yearling cot-defendant TO keep them
during the summer. Kent denied this trade,
and claimed that the purpose OF defendant
visit to his premises was for the purpose OF
| having defendants mare served by hents
stallion. The mare was kept for three days
by Kent, who hired defendants son to come
and get her and gave him twenty-five cent
straw hat for doing so. The service of the
stallion was charged to defendant. The
case was tried Thursday forenoon. The
| court for further instructions as to the law
once, aud reported themselves as disagreed
once. At about s. 30 O'Clock, Thursday
evening, the foreman, j. s. Wheeler, died
! suddenly. In consequence they were as
charged from further consideration of the
case by Judge Ross. The case was con-
| tinued
GRACE l. PARKER V. TAYLOR o. PARKER
AND o. H SMITH TRUsTEE.-Plaintiff is a
young lady of twenty three years, and has
deaf and dumb sister nineteen years of
age. The action was brought in general as
sumpsit to recover a $500 trust fund left in
the hands of defendant, May ~, 1886, and
made orally in the presence of witnesses by
the late Obadiah Lam berton of Marshtield,
who divided his property at that time, turn
ing over S1,100 in notes bearing five per
cent interest to defendant, the father of
plaintiff who is the grandfather OF the de-
ceased. OF this fund.- $500 was for plaintiff s
benefit and $500 for the benefit of her sister.
Plaintiff was to come into possession OF the
fund for her benefit when she became of
age. The notes have since been paid. AT
the time of the division, plaintiffs mother
was dead and defendant has since remar-
ried and now resides in Barre. Plaintiff s
claim to recover was based upon specific
promise to pay her, which she testified was
made to her by defendant since she became
of age. Defendant admits having received
the fund, but claims to have used part of it
in the support of the children. Lamberton
Oleu August 10, 1000. Az buo COuCiuslou VI
plaintiffs evidence Judge Ross ordered a
verdict for defendant on the ground that
he accounting should be in equity. j. P.
Lamson for plaintiff; j. w. Gordon and w
A. Lord for defendant.
In the calling of the state docket DISPOSE
ton was made of the cases as follows: The
two cases of State V. G. w. Marion for a liq-
uor nuisance and keeping, Henry Smith for
selling, Luther Fairbrother, Apt, for keep
ing, John Manson, Apt, for keeping, were
mol pressed; State v. Frank H. McGill for
selling, Suigi ,Soldini, Apt, for keeping
Leon Cady for larceny, Charles Church for
selling, Henry Church for selling, Garlic j
Nelson for malicious injury Of property, w
NJ. Powell for larceny - two cases, Ell
mer Cummins for nuisance, same fol
: selling, John Ryan ct al, Hugh Mason
for larceny, Richard Roe for burglary
Thomas Goode for selling, Martin Mans
} field for selling, Garlic Nelson for sell
ing, Edwin Shonio-fve cases for larceny
: George Williamson for selling, same fol
perjury,--were ordered not to be carried for
ward; State v. Intoxicating Liquor, Hattie
Fairbrother, claimant Apt, State y. lntox
icating Liquor, George Buchanan, Claimant
: Apt-two cases, were discontinued; State
!, V. Frank e. Hausch for bigamy, Giovanni
!, Scarsi for murder. Olive Marin for adul
terry, r. l.. Herrick for selling, John Way
, colt for selling and also for a nuisance
. Alfred r., Millard for larceny, Dolor Gordon
for forgery, Willis Woods for indecent ex
posure John Gavigan for felonious assault
William Brown for selling, John r. Nc
y Williams for selling,-were continued. Thu
two cases against George Burgess for nui
sance and keeping, F. r. Stevens for sell
ing, George Columbo, Apt, for keeping
John scampini, Apt, for keeping, L.. A
Streeter, Apt, intoxication, Lee Dodge
: Apt, breach of peace, David Spicer
Q breach of peace, Willie Jangraw, Apt
: larceny, Clinton Town for keeping
Henry Daley for transporting liquor, b h
l. Bailey for keeping, A. W. Huntington TO
d keeping,-are all marked for trial Stat
!. against Intoxicating Liquor, Scampini
Calderara Claimants, Apis, trial by court
n The fish hatchery cases against Charles {
. Warren, John W. Titcomb and Ira H
4 Allen appear on the docket as for selling
/. but are really for furnishing or giving ava
Intoxicating liquor. They are set for tra
The states attorney announced in couI
= that the case against Allen would be trie
!, first.
CIrRE FOR HFADACHE-As rem