Windham County reformer. (Brattleboro, Vt.) 1901-1906, 1904-04-15
WINDHAM COUNTY COURT
APRIL TERM CONVENED WE'D.
NESDAY AT NEWFANE.
Verdict for Defendant Ordered in
Case Of Manley VS.. the Vermont
Mutual Fire Insurance Company
Seunral Criminal Cases.


Mutual Fire Insurance Company
Several Criminal Cases.
The April term of Windham count,
court opened al Newfane "wednesday
at II o'clock a m, Judge John II
Watson Of Montpelier presiding. Rev
I'T. ID. Davies of Newfane offered pray.
er. The morning was consumed ii
the call OF the docket. The afternoon
was devoted TO the hearing of va
rious motions and the trial Of the d.
vorce case of Della Baker VS.. John
Baker.
A jury was empaneled yesterday
morning in the case OF Prucius w.
Manley of Dummerston VS. the Yer
mont Mutual Fire Insurance COM
lpany II appeared from statements
of counsel that the defendant COM
pany issued to Maney a policy In the
amount of $1,000, covering his barn on
the old Morris Laughton farm in
| Dummerston. together with farm
| produce machinery, tools, etc. on
July 18th, 1902 the property was to-
| tally destroyed by fire On the same
| day Manley notified C. +. r. Jenne,
| the companys Brattleboro agent of
| the loss. Mr. Phillips. employed by
| the company as adjuster was al
/ BfdLlltp0fO at lnE lifltt anu met MAN
| ley by appointment the next morning
at the place Of the fire. An adjust
mont of the loss was made at s500.37
which Manley assented to in writing
and the document was then forwarded
to Montpelier for approval by the d.
rectors Of the company. The adjust
ment was duly approved by them and
In due time a certified check for the
amount agreed upon was mailed to
Mr.. Jenne Of Brattleboro. Mr.. Jenne
did not receive the check and the
delay caused thereby resulted In the
postponement Of the actual rendering
of payment to Manley until five days
after the time fixed in the company's |
contract for the payment OF losses
Manley refused TO receive the check 1
and made supplementary claim for 4
property destroyed which was not in {
Guided In the adjustment which he I
had previously assented to. He then 1
brought an action against the com
pany The company rendered him
the amount fixed by the adjustment. T
with interest and his costs TO date of I
tender. The tender was refused
Manley's counsel contended that the
had broken rs contract In I
not making payment within the time
specified therein, and that Manley
could not be held, therefore by his
assent to the adjustment The court
directed the jury to return verdict
Tor the defendant to recover its costs
since the date of the tender Stowe
md Barber appeared for plaintiff, J.
L. Martin and n w. Gibson for de-
endent. The rla@f.fs took an appeal,
md the eaAs NE go to the supreme
,ourt on exceptions.
10 fall ipt hrnr
nto court and arraigned on informa /.
ion filed against them by States At :
orney Schwenk: Fred Charron, alias
ohm Moore, for breach OF the peace !,
n an assault upon officer Worden of !
plea, guilty: Gabriel
ones for breaking and entering
ouse OF John f.. Morse at South :
'ewfane, plea. guilty: Henry Tucker, !
las Henry Williams. for breaking :
nd entering the house of John f. !,
yler of Guilford, plea, guilty Hor- :
ce O'Claire, for rape, plea, not gull !,
Frank H. Boyle of Dover was ar q q
,igned on the indictment found ~
gainst him by the grand jury at the :.
st September term for assault with -
tent to kin. and pleaded not guilty.
on account Of the break In the in
france case. there was no other "
ry case ready and no session was >, -
I'D Thursday afternoon. The YER =, -
On case of Emory Phetteplace, by =.
,xt friend, J. C. Allen, VS.. Julius o. ~ ~
-ost will go on trial before jury ~ ~
-iday morning. ~
Many cases are being continued w w
hich would probably have been tried ~ ~
is term, but for the absence of ne ,,'
dge Waterman and C. c. Fits and ~, ~
e term seems likely to be a short a., a..
- fin