Orleans County monitor. [volume] (Barton, Vt.) 1872-1953, 1899-03-27

in the note had been broken, and al
though the defendant thereby was
entitled to possession of the colt, yet
the plaintiff said that the defendant
did not recover the colt and conduct
the sale in the manner prescribed by
law in such cases, and in failing to do
SO thereby committed conversion.
The jury found that the defendant
acted as he had a right to do in caring
for his property when deserted by
the conditional owner and that he
had committed no conversion.
J. W. Redmond appeared for the
plaintiff, and w. W. Miles for the
defendant.
The case of Chas. J. Ufford VS.. W. P.
Holton was next taken up. This was
an appealed case in which the action
was trover. The plaintiff had recov-
cred verdict in the court below. In
this case the action was brought to
recover for the conversion of several
articles sold by the plaintiff to the
defendant on conditional sale note
for use in the livery business. The
damage set up in the plaintiffs writ
was 5000, the declaration contained
only one account, which charged the
defendant with having connected the
several articles named therein at diff
ferent times.
The plea on the part of the defend
ant was thathe was minor when the
articles were bought and disposed of
and the defendant g counsel argued to
the court at the opening of the case
that as a matter of law, the plaintiff
could not join in the same count in his
declaration, several commissions at
different times and stand upon them
and tnat the plaintiff ought to elect
which of the commissions set up in
declaration, he would stand upon. The
court held with the defendant and the
plaintiffs counsel elected to stand
upon the commission charged in point
show was second hand harness and
worth about six dollars at the time of
purchase.
The evidence showed a conversion of
the harness at Charleston after the de-
fendant became of age, which appear
ed at the time the property was worth
from two to four dollars. AS the conver
sion of this harness was the only ques-
ton left for the jury to act upon, the
counsel for the parties, after the evil
n
upon a verdict for 81. The court
thereupon dismissed the jury and gave
judgment according to the agreement
of the parties. w. w. Miles appeared
as counsel for plaintiff and j. w. Red
mond for defendant.
Thursday afternoon, case of Blasdell
and Barron, Administrators of the B.
M. r.. Nelson estate, VS.. school district
No. of Westmore, was called. The
evidence in the case tended to prove
negotiable order had been drawn on
the district treasurer for $4OO payable
to Calvin Gibson and by him trans
ferred into the hands of Mr.. Nelson.
1t appeared that payment of $25
had been made by the district to Mr..
Nelson, which had been endorsed on
the order.
The defense is that the town Tschool
system came into operation after the
order was given, and that the town
became holden for the debts of the
district and the question was also
raised as to whether an order given
be municipality should be consider
ed as negotiable paper. The evidence
was admitted under great many
objections and as the questions in
volved were mostly questions of law
and the case because of that being
very complicated, the counsel for
both parties agreed Friday noon to
submit the entire case to the court.
The jury were thereupon dismissed
and the court took a recess until
Monday at 2 O'Clock.
Counsel for the defendant Bates
and May, and for the plaintiff, Young
and Young and w. w. Miles.
THE NEW PHILIPPINE PROC