Herald and news. [volume] (West Randolph, Vt.) 1878-1943, 1896-12-10

Sheffield Smith VS.. Archibald Anderson
and George A. Ames. The plaintiff lives at
Providence and is a physician; defendant
Anderson Is packing box manufacturer
| u Cambridge, Mass, aud Anes is mill
owner at Norwich. The action is troyer
TO recover he value of certain pine lum-
ter charged 10 have been converted oy de :
iendsbts Ia tneir use, which tel nged 10
the plainIif under mortgage mate an has
favor by defendant Ames. 1t appeared
that in 1891 be had large lot OF lumber in
his mill. yard at NorNIcn, out Was in dire
need of ready money. His attorDey-one
Hyde-Nas Looking about to secure loan
for his client and came across an old
friend, John II. Moore OF Providence; the
latter WIS employed as collector Tor ID /.
Smith and thought he would.be willing to
advance some money on good security.
Negotiations were bad which eliminated
in an agreement whereby Smith was to
lend Ames $1,000 ano to take note from
Ames for "a 800 secured by mortgage on
the lumber in his mill yard. the 5000 was
to be "bonus" for tue loan. Smith made
out five checks, three for thousand dol
lars each, one for eight hundred and one
for two hundred. The last check was
made payable to Moore and out OF it he
sent Hyde 500, so that Ames received
50, 800. Six months after giving the note,
aud at the time it fell due, Ames paid
z, 900 on it, and also $40 for renewal OF
the balance Soon after fire occurred and
a good deal OF the lumber was burned, but
enough was left so that Smith realized
z, $50 on the sale of II. There were eight
piles of pine that plaintiff claimed had
been used up by Anderson, who had a
part of the Ames mill to use in saving he
boards into box shocks, or pieces OF pine
in size for boxes Ii was claimed that this
lumber had been furnished by Ames to
A Fs.E.e ..fl k,,A "A leo a
from the place where they had been stack
ed but defendant Ames claimed that they
had only been put in better place in the
yard and had been burned there. Defend
ant claimed that as Smith had received
"a, 100 pay for the $500, the debt was all
paid. Plaintiff insisted that there was a
balance OF 5000 Que according TO the face
OF the note. The jury found for defend
ants to recover their costs. John IL. Wat
son aud w. w. Stickney for plaintiff; S.
r. Pingree and w. b. c. Sttckney for de-
fendant.
Ransom Slack Us. John w. Armstrong
An action to recover damages for an as.
saut. These parties reside near each 9th
er at Norwich and in October of last year
got into an alteration in regard TO some
cows. good many hard words were
used, followed by blows. Plaintiff claims
that he was pounded by the defendant
with a long club--or fence rail-inficting
injury mainly to bis left forearm. The ex
tent OF these injuries was shown to the
jury by photograph taken at Hanover by
the X rays process. This is probably the
first use OF this discovery in the state as
evidence in a court OF justice. TIE de-
PENDANT denied the use OF any more force
than was necessary to defend himself from
an attack OF the plaintiff. But the latter
insisted he did not attack Armstrong, VINO
was the offending party. For the plalntln
appeared G. A. Davis and f. c. Southgatei
for defendant, w. b. c. stickney and VIM.
T.. Johnson.