Vermont phÅ“nix. [volume] (Brattleboro, Vt.) 1834-1955, 1899-06-02
w1NDHAM COUNTY COURT.
Adjourned Session to Hear the Isaac n
williamson Case.

williamson Case.
The county court convened last Wednes-
day morning, pursuant to the adjourn
ment taken in April, for the trial of the
cause of Mcintyre IL Wardwel VS. Isaac II.
Williamson. Sixteen of the 10 Jurors
left over responded to the roll call, but no
trouble was experienced in securing from
that number the necessary panel of II
that were satisfactory to the parties
The case is an action of assumpsit to
recover claimed balance of between
$4,000 and SG0, 600 due the plaintiffs from
defendant, growing out of the purchase
and sale of stocks in the year 1894 The
evidence on the part of the plaintiff had
not been closed at the time of this writing,
and no testimony has yet been introduced
10y the defendant, although he was called
by the plaintiff, to testify to certain tran
sactions. The evidence, so far, on the
part Of the plaintiffs tended to show that
they were stock brokers, members of the
stock exchange, in the city of New York,
with their principal office in the Produce
Exchange building and a branch Office In
Broadway Central hotel, the latter office
being conducted by an agent of plaintiffs,
w. II. NJ. Sawyer, and connected by a
That the defendant Williamson has lived
at the Brooks House in Brattleboro for the
past four or five years, but that in 1894 he
spent much of his time in New York city,
stopping at the Broadway Central hotel.
That a short time previous to these tran
sactons with the plaintiffs he had placed in
his hands some 100000 worth of securities
as trustee, for the benefit of himself and
family, under the will of his father, Ben
iamin Williamson of Elizabeth, y. j.
That he had speculated to greater or less
extent through the brokers, but June %,
1894, he opened an account with plaintiffs
through their agent, Mr.. Sawyer, by di-
recting the purchase OF 200 shares of sugar
of the American refining company.
That from that time TO Oct. 10 ne con.
tinued, at intervals Of few days, to order
the purchase of sugar stock and also the
sale of the same from time to time. That
occasionally he would order the purchase
of shares of stock in the Missouri Il Pacific
Railroad company and the Chicago, Bur.
| lington IL Quincy Railroad company. That
few shares of the stock of the Distilling
and Cattle Feed company, also Chicago
Gas company stock, were ordered pur
chased, also wheat and corn for future de.
livery, but the large bulk of the transaction
was in the stock of the Sugar Refining
company.
The evidence of the plaintiffs tended
further to show that every purchase wa:
made by defendants order, as was also
every sale, with the exception of 110C
shares of sugar and 100 of gas which were
sold by plaintiff, on what is called "stoI
ORDER meaning that unless he put up
more money TO secure plaintiffs from loss
by reason of falling prices, they should
proceed TO sell said stock for their OWL
protection after a certain date named
That with the exception OF the grain, Ger.
tificates of stock were actually purchased
| by plaintiffs on defendants account and
that they were prepared at all times TO de-
| liver the certificates of stock TO him should
he give plaintiff notice of his election so to
do, and make payment therefor as it was
his option to do. He never did call for a
delivery Of the certificates and never paid
| for any.
The purchases were made on his &C
count and carried for him upon the strength
of these securities defendant held in trust
as aforesaid and which he pledged as col
lateral. That along in October plaintiffs
ascertained that they could not make said
securities available to themselves in the
way of realizing money therefor, mas
much as they had not been properly en-
| dorsed, and the companies refused TO make
the transfer 10 the plaintiffs. They then
demanded that defendant must put up
money or something that could be made
available in the place of these securities,
which defendant did not nor could not do.
November 10 plaintiffs notified that they
should sell out his stocks unless he did so,
and having neglected to do that they
disposed of his remaining stocks Nov. H.
| IL, 10, 30, and Dec. 3, which closed the
transactions, leaving the defendant in
debted to plaintiffs about $50, 900, deduct
ing the securities they held in pledge,
which the supreme court of the state Of
New York decided the plaintiffs were not
entitled to hold for the reason that defend
ant had no rights to place them in pawn
or put them up as collateral. In 1896 de-
PENDANT was removed from his trusteeship
and one Theodore c. English was appoint
ed in his place, who brought the suit for
the recovery of the cqilaterals with the re.
suit just mentioaed.
lhurs ,.usy the entire day was taken up
: with the examination of one of the plain
tiffs and not finished when court adjourn
ed. 1t seems now that it will require a
good share of today to put in the plain
tiffs opening evidence. The defendant
will come later,