Vermont phÅ“nix. [volume] (Brattleboro, Vt.) 1834-1955, 1898-11-25
SERIES OF LAW SUITS.
Suit to Collect a Note of 800

which Was signed On sundsy--verdIct
for Dodge TO Recover S12 in Apple
Case from Observation-Disclosures at
Townshend.
There was a hearing before Justice j..
II. Merrifeld Saturday in the suit of Geo.
T. Wilson of Brattleboro against Nira Nj.
Stratton of Springfield, Mass, formerly of
Guilford, to collect note which the de
fendent and her husband, d. A. Stratton,
signed and gave to Wilson. In December,
1896, D. A. Stratton borrowed 800 of II.
Stowel, who is employed by the w. F.
Richardson company. Wilson signed the
note as surety. When the note matured
about year Later Stratton did not pay it
so Stowell looked to Wilson for his money
Wilson and Stowell drove to Guilford on
Sunday, Dec. 49, 1897, and got Stratton
to give Wilson a note for 800 and interest
to secure him for his liability to Stowell
The note was signed and delivered on Sun
day, but afterward some one changed the
date to a week day.
The defence claimed that this last note
was void because executed and delivered
on Sunday. They further claimed that al
though it appeared on the note that the
defendant was Joint maker with her hus-
that the note was thelef void as against
her as a wife cannot become surety for her
husbands debts. The plaintiff claimed
that Mrs. Stratton was a maker in fact and
that even if the note was dated on Sunday
it was not intended to take effect until af-
ter Wilson's obligation to Stowell had been
paid. c. c Fits appeared for the plaintiff
and II. G.. Barber for the defendant.
H. G. Barber, A F. Schwenk and f. L.
Waterman we're in Dummers.on Friday as
counsel in the case of j. j. Dodge of Dunn
merston against A. V. Kerr of Dummer-
ston and Z. F. Dickinson of Billerica,
Mass Mr.. Waterman, counsel for Dodge,
claimed that Kerr and Dickinson bought
apples of Dodge and failed to pay for them.
The defendants claimed that they did not
buy Dodge's apples nor authorize any one
to do so. Kerr admitted that in September
he bargained with Dodge for the apples
and informed him that he was buying for
J. +. Perkins of Antrim, \. II.
On Oct. Kerr and Dickinson rode
about DummerstOn and other towns in an
effort to secure a carload of apples, but
they claimed that they could not find a
sufficient quantity of good apples. They
met Dodge on the road, and Kerr offered to
pay him S25 to bind the bargain between
Dodge and Perkins. Dickinson loaned
Kerr the money to pay Dodge. Will
Woods of Putney testified that he after
ward bought the apples of Kerr but that
when they were delivered they were so bad
that he would not accept them. Counsel
for Dodge argued that the first sale of the
apples was to Kerr and Dickinson. JUS
tice Mansfield took that view of the matter
and rendered judgment for Dodge to re-
cover $42 and costs. The defendants ap-
pealed.
There was a lawsuit in Townshend Mon
day, the case being that of T. c. Rand
against A. Odell to recover bill of about
SIT. Fl. G. Barber appeared for the de-
PENDANT. The plaintiff conducted his own
case. The defendants counsel pleaded
abatement on the ground that there was
another suit pending in the same cause of
action The Tllpa eustaiDa1 nv the