Bellows Falls times. [volume] (Bellows Falls, Vt.) 1856-1965, 1898-03-16
Windham County Court.
SECRETARY.

Alcena c. Clisbee was called Wednesday
morning and jury empaneled. The
action was one of assumpslt to recover a
balance of about $500. The plaintiff firm
were Boston wholesale grocers who for
several years had sold goods to Charles
Clisbee who kept small store in Guillord.
In June, 1895, Clisbee died owing plain
tiffs $197 on account, also bank note OF
500 maturing in the following August.
His children soon afterward assigned their
interest in the estate to the widow, Alcena
Clisbee, the defendant, who continued to
run the business, ordering goods of the
plaintiffs as needed and making payments
to them from time to time. When the 800
note became due she paid it Plaintiffs in
some way understood that defendant had
assumed her late husbands indebtedness
and when remittances were made by her
applied the same on the indebtedness
created before Charles Clisbee's death,
sending her each month statements showing
this fact. The defendant some six months
after her husbands death took out letters
of administration on her husbands estate
and had commissioners appointed on same.
Meantime the Charles Clisbee indebted
ness had been wiped out on the plaintiff s
books and all charges were in name of de-
fendant. No claim was presented to the
commissioners by plaintiffs, they consider
ing the Indebtedness of Charles Clisbee
paid. Mrs. Clisbee closed her account as
administrators in due time. representing
that the debts we're paid and receiving an
assignment from the probate court of the
property remaining. Then in response to
statement OF account received from plain
tiffs with request for payment, she made
reply that she had paid them for all of IL
goods bought by her, that she was not re
sponsible for the Indebtedness contrac;ed
by Charles Clisbee, and that having tailt i
to present their claim for same to the con,
mssioners on his estate the claim had be
come void. The plaintiffs claimed thai
this reply was the first objection made by
defendant to their way OF making the
credits. The defendant claimed that she
did not know for some five months that her
RI mittances were applied to her husbands
Indebtedness and that she then directed
notice to be sent plaintiffs that credits
must be made on the bills purchased sin
her hui bands death Defendant admitted on
cross examination that for several months
dlIGT utI uuSUduuS utdtu lully lultuuSu
to pay all of his debts and conducted the
business on that basis.
The jury returned verdict Thursday
afternoon TOR plaintiffs to recover $291.42.
Waterman, Martin & Hit for plaintiffs,
Haskins e Schwenk and 0. E. Butterfeld
for defendant.
Andrew R Gregg VS. Masa Willis This
is an action OF assumpsit to recover on
promissory note of $1,000 given by defen-
dant to plaintiff in June 1890. The plain
tiff put the note in question into the case
and rested. The evidence of the deien-
daut tended to show that in the summer of
1890 H. B. Willis and E. j. Carey we're
Ia business in Brattleboro under the name
of the Thorn Medicine Co that the de-
PENDANT, who is the father of H. b. Willis,
borrowed of plaintiff $1,000 for the use of
the firm, giving the note in question there
fore and also turning over a $1,000 Kelley
loan as collateral security; that soon after
ward the plaintiff investigated the affairs OF
the Thorn Medicine Co., ard finally de-
cided to go into the partnership and did so,
agreeing to pay $500 for one-third in
terest; that it was agreed that the note of
$1,000 gwen him by defendant should ap
ply toward the purchase money that plain
tiff delivered to defendant the mortgage
he'd by him, the plaintiff, as collateral and
stated that the note was in the possession
OF his wife and that as he did not wish her
to know then that he was embarking in the
business he would secure the note at a sub
sequent time and deliver same to defend
ant or destroy it; that he did not do this
although having received full payment
therefor. The plaintiff then introduced
evidence tending to show that the Thorn
Medicine Co. in 1890 was in a precarious
financial condition; that the defendant was
fully aware OF this fact, having himself ad
vanced large sums of money to the COM
pany and in reality owning all of the capt.
tai which it represented through his adj
vances that the money borrowed of plain
tiff on the note in question was used to re-
tire some of the Indebtedness of the COM
pany tor which defendant was surety for
that the real financial condition !
OF the company was concealed from the |
plaintiff when he purchased an interest; |
that in tact the company at that time was
bankrupt and that plaintiff was Induced to |
take an interest therein by ial.e represent
that plaintiff after remaining in the
few weeks became aware OF its
and sold his interest to the re-