The Vermont watchman. [volume] (Montpelier, Vt.) 1883-1911, 1896-03-18
Washington County Court.

MONTPELIER HARDWARE Co. v. MARY II.
SPRINGER, APT.-The jury returned a YER
dict for the plaintiff for SIP damages and
costs Interest is to be computed from
June l. 1894
LEWIS SASH V. JOSEPH BIANcHI, APT
General assumpsit. The judgment rem
dered by the city court of Barre for S41.57
damages and SS,25 costs was affirmed, with
interest No costs in this court. j. W,
Gordon for plaintiff.
WILLIAMS & MILLS V. NJ. E. RICE, APT,
AND NATIONAL BANK OF BARRE AND j. w.
LINTON, TRUsTEEs.-G assumpsit.
The judgment for plaintiff for 1904 SO, costs
S7.76, was affirmed with interest and costs.
j. W. Gordon for plaintiff.
CYRUS w. HALL " KENNETH McIvER,
APT, AND HALL BROTHERS AND ANDREW
BARCLAY, TRUsTEEs.-The Judgment of the
Justice court in favor of the plaintiff for $50,
and costs taxed at 1926 against the prnci-
pal debtor, was affirmed. The parties are
from Barre. j. w. Gordon for plaintiff.
EMPIRE GRANITE Co. V. G. II. HUNToN
GRANITE Co.-An action in general assump-
sit, in which the parties are from the city of
Barre. The amount of a note is involved.
Judgment was entered in favor of the plant
iff; clerk to assess damages. j. w. Gordon
for plaintiff; E. W. Bisbee for defendant.
R. l.. CLARK v. JOHN Nc AULAY, Apt
An action in general assumpsit brought to
recover store debt. Plaintiff resides in
Barre and defendant in Cabot. The judg-
ment of the city court OF Barre, amounting
to $12467, was affirmed on Monday, with
interest and costs. j. p Lamson for plain
| tiff; j. W. Gordon for defendant.
DAVID W. ALDRIcH V. HUGH McNULTY.-
| The parties are from Barre, and the action
was for an assault and battery. The case
| was to have been tried on Tuesday, but the
attorneys in the case reached an agreement
that if defendant failed to pay $3.50 during
the term, plaintiff was to have a Judgment
| for that amount with certified execution
j. w. Gordon and H. w. Scott for plaintiff
j. II. Senter for defendant.
ANDREW j. BURNHAM v. l.. d. MILES,
Action for false Imprisonment The case
was called up and continued at plaintiffs
expense-an attorney fee OF $40 to be paid
| to defendant during the term or plaintiff TO
be non.suited Like terms were imposed
upon the plaintiff in James M. Kent v. l..
ID. Miles, an action of kindred nature. The
plaintiffs are from Montpelier; defendant
ia sheriff of Orleans county. T. J. Deayitt
appears for both plaintiffs and w. W.
| Miles for defendant.
JOHN II. KELLEY v. FRED DOWNING
This was an action of replevin bl ought to
recover the possession Of a brown horse.
1t appeared that in September, 1894, the
plaintiff surrendered the horse replevied in
exchange for black mare. His claim is
that he was TO pay defendant $50 boot
able to use on his milk-cart; that she
proved to be refractory, and that next day
he endeavored to exchange back; but de-
PENDANT said, "A horse trade is a horse
trade" and would not do so. Defendant
claimed that the contract was completed;
also that as far as he knew, the mare was
suitable for the purpose for which plaintiff
wanted it, and therefore the trade should
stand. Plaintiff resides in the town, and
defendant in the city, of Barre The 500
| xrao Thara is n
other case on the docket, in which Downing
is plaintiff, in which suit he seeks to re-
cover 1t in action in general assumpsit. The
jury returned verdict for the plaintiff,
| finding that the sale was conditional and
that plaintiff was entitled to the possession
of the brown horse. W. e. Barney and w.
A. Lord for plaintiff; j. W. Gordon and W.
w. Lapoint for defendant
w. Fl. BUCHANAN " B. b. Cook AND W E.
A. AND w. K. WHITcoMB, TRUsTEEs.-The
trial began on Saturday morning, and is an
action in assumpsit under the statute,
brought by the plaintiff as collector OF taxes
for the village of Barre, to recover $1S4.SS
taxes and S14.79 costs assessed on defend
ants grand list in Barre in 1894. II appeared
that defendant, who was then residing in
his wife's house in Barre, about the middle
Of March, 1894, moved TO Berlin, where ne
had house and farm. There he resided
until November, when he returned 10
Barre. The case discloses that he remained
in the house at Barre for night OF more
in April and was seen in Barre frequently
during the summer. Provision was made
for the care OF the house and the plants
therein 1t was also shown by plaintiff
that defendant paid orders drawn upon
him as treasurer of school district No. IL in
Barre, which was endeavorng to close up
its affairs. The orders were paid as di-
rected by school meeting OF the district
held in the fall of 1894, in which meeting
defendant was present and objected to be-
ing so directed, though he did not vote.
Defendant neglected to return his inven-
tory to the listers of Barre during that year,
and his list was doubled but he did re-
turn an inventory 10 the listers in Berlin
and paid his taxes there. He also had a
personal list in Berlin in 1893 Defendant
put in no evidence. Judge Ross charged
the jury Tuesday morning, Upon the com
ing in of the court Tuesday afternoon, the
jury returned verdict for the plaintiff for
$500, % damages and costs. j. w Gordon
and W. w. Lapoint for plaintiff; s. O.
Shurtleff for defendant