The Windham County reformer. (Battleboro, Vt.) 1876-1897, 1896-03-20
THE COUNTY COURT.
SHERMAN GETS AN s1lOO VERDICT
AGAINST WAITE
That Holds the Body Though Case Is full
Of Law Points and VIII Pronablv Go TO
the supreme Court Henry Brown wins
Against Rccd-A Stratton Lumber Case

0f Law Points ana VIII I'ron0Oiv SO u
the Supreme Court Henry Brown winI
Against Rccd-A stratton Lumber Case
S. II. Sherman V. Fred NJ. Waite.
an action of trover to recover the value
of certain lumber claimed to have been
converted by defendant. and demand.
| ing damages of $1,000. The evidence
of plaintiff tended to show that Jan.
Is. 1893, he took bla ,ket mortgage
on the lumber and standing timber on
two lots in Marlboro known as the
"Knights'' and "Stockwell'' lots to
secure him for all money which he had
or might thereafter loan to the defend
ant, for any insurance account due
him and to secure him against loss on
all notes which he had then signed or
might thereafter sign for defendant
that on Feb. 27d he took another
mortgage Oh all the lumber sawed, or
to be sawed, delivered and piled on
the land of Lucy Doolittle in Brattlc-
boro and cut on the Luce lot in
Marlboro, to secure the payment. of a
note of S2l25, and sundry other notes
| signed for Waite. The plaintiff
claimed under these mortgages that
nine notes which he put in evidence
were secured and that the aggregate
sum due him upon them was S8, 0S3. so
and that the defendant was entitled
to credit for eight shares of Valley
Fair stock and the cash value of two
Life insurance policies also turned over
to him rs collateral and for the value
of the land in Marlboro which plain
tiff obtained bY foreclosure OF reas
estate mortgage given, him by the de-
fendant: which sums amounted III the
whole to Sl496, leaving balance due
on the mortgage of S65S7.S0. The evil
dence Of the plaintiff showed the value
of the lumber covered by the mort
cages to be S14, S2i. %, and that the
plaintiff had released his mortgage on
81, 600 worth of oak, which was sold to
the Haywood Bros Co., of Gardner
and S1400 worth OF beech sold to II. l..
Hadlock of Marlboro, leaving Sill.
424. % worth of the lumber which the
plaintiff claimed was covered by his
mortgage. The plaintiff claimed that
all of it had been sold by defendant
who had never paid over the proceeds
to him. The evidence of the defendant
was, that at the time he gave the mort
cages, he was in Strengthened financial
circumstances and had purchased the
lots of land in question for the purpose
of getting off lumber; that he went to
the plaintiff for financial assistance and
for that purpose induced the plaintiff
to 60 up to Marlboro and look over the
land when he gave the mortgage that it
was understood at the time that he
was to proceed to get the lumber off
the lots and sell il in the market and
that the proceeds of tho sales of lum-
Der should be used in defraying the
expenses incident to carrying on the
business and the hp Te applied TO
discharge obligations when the
plaintiff had loaned him money or
signed with him as surety; that he
saw the plaintiff almost daily and ad
vised with him about the sales Of lum
ber and full information as to what he
was doing with the lumber and the
proceeds and that all of the lumber
was sold with the consent of the plain
tiff and With full knowledge; that the
lumber venture proved to be losing
one and there was not enough money
to discharge all the obligations. The
defendant also denied the claimed
balance due on the mortgage and
claimed that two of the notes for 1925
and S22J respectively were collateral
notes which he gave the plaintiffs
for notes which ,he had signed
at the bank for him; which bank
notes the defendant claimed to have
paid, thus extinguishnE the notes
held by the plaintiff; that another
note Of sl2l0 was given the plaintiff
as collateral security for signing two
notes of 800 and $50; that these notes !
were paid and taken up by the de |
fendant and the collateral notes /
should have been surrendered. The |
I rlaintitr denied consenting to the sale |
IF the mortgage property. He also |
claimed and his testimony went to !
show that none of the notes were /
collateral but were all bonafde debts |
formed for money had and received. |
was one check for 81, 600, payable TO |
Waite and endorsed by him. which
plaintiff asserted to be part of the
loans and which Waite wouldn't say
that he had ever repaid. 1t was also
shown where about 50, coo of the pro-
leeds of mortgaged lumber went, in
three places to pay old notes, and,
iebts which Sherman had nothing, to
10 with. The jury rendered a verdict
or the plaintiff to recover the sum of
'l13i. G.. c. Fits and L. NJ. Read
or plaintiff, Waterman. Martin & HIT
md Haskins for defendant.
James A. Reed VS.. Alonzo Starkey,
N action of replevin to recover
wagon plaintiff claimed title by vir-
ue of purchase of the same at auc- |
ion sale, and his evidence tended to
how that in June 1894, he brought suit
gainst his son j. d. Reed and at
ached all of his property, on debt {
'hich, the son owed for various obi {
ations which his father had signed {
nth him as surety: that after the at
lchment had rested on the property |
little over two months, by agreement of !
arties, the property. of the son, which q
lcluded the wagon in question was !
bid by the attaching officer ON mense '
recess and this wagon was bought by /
lie father. The defendant justified as c
D officer serving legal process and b
nd his evidence tended to show that II
lie wagon was sold by Henry r. a
rown to j. ID. Reed: that the sale C
as conditional one and title re C
aimed in Browne until the wagon was s.
aid for: and that the plaintiff had Il
nowledge of the terms of sale; that q
ter the auction sale the plaintiff per-
itiod the wagon TO remain in the b
,ssession and control of his son, ri
lat June IL. 1894. Brown brought suit b
,ainst the son of J. ID. Reed. and at d
ched the wagon and June 81. iudg h
ent was obtained, execution isued
I'd that he levied on the wagon and h'
Ok the same into his possession Il
nere il was when replevin in this suit. OF
ne real defendant, Brown. claimed hi
e wagon by VIRTUE of his conditional