Vermont phÅ“nix. [volume] (Brattleboro, Vt.) 1834-1955, 1904-04-15
OPENING OF COUNTY COURT.
Verdict in ManIey Fire Claim Case for
Costs Since Date OF Tender-Plea of
Guilty by Several Prisoners

The April term of the Windham county
court opened at Newfanc "Wednesday.
April -. at II o'clock. 20. m. Judge John
H. Watson presiding. Rev. =. u. Davies
Of Newfaue offered prayer. The morn
ing was consumed I'm the call of the dock
ct Tn" afternoon was devoted to the
hearing Of various motions and the trial
Of the divorce case of Della Baker vs..
John Baker
\ jury was empauelcd Thursday morn
ing i'm the case of Prucius w. ManleV of
Dummerstou Us. the Vermont Mutual Fire
Insurance company 1t appeared from
statements Of counsel that the defendant
company issued to Manley a policy in the
amount of $1,000, covering his barn on the
old Morris lawt0n farm in DummerSton.
together with the farm produce. ma
chinery. tools etc. on July 18th, 1902
the property was totally destroyed by
fire. ON the same day Maney notified
c. +. r. JENNIE the companys Brattle-
boro agent of the loss Mr.. Phillips. EN-
ployed by the company as adjuster. was
at Iirattleboro at the time, and met Man
ley by appointment the next morning at
the place of the fire. An adjustment of
the loss was made at s500.37, which Man
ley assented to in writing. and the doc
ument was then forwarded to Montpelier
for approval by the directors Of the COM
panY The adjustment was duly ap-
proved by them and in due time a certi-
fed check for the amount agreed upon
was mailed to Mr. Jenne at Brattleboro
Mr. JENNIE 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
and made supplementary claim for
property destroyed which was not in
Cll1p1 Ia a a II st ba 4
previously assented to. He then brought
an action against the company. The COM
pany rendered him the amount fixed by
the adjustment, with interest. and his
costs to date of tender. The tender was
refused.
company had broken its contract in not
making payment within the time speci-
fled therein and that Manley could not
be held, therefore. by his assent to the
adjustment. The court directed the Jury
to return n verdict for the defendant To
recover its costs since the date of tender
stowe and Barber for plaintiff j. l.. Mar
tin and f. W. Gibson for defendant The
plaintiff took an appeal, and the case
Will go to the supreme court.
The following persons We're brought in
to court and arraigned on information
filed against them by States Attorney
Schwenk: Fred Charron, alias John
Moore, for breach of the peace i'm an as
sault upon Officer Worden of Brattleboro
plea, guilty; Gabriel Jones, for breaking
and entering house of John T.. Morse at
South Newfane, plea. guilty; Henry Tuck
er, alias Henry Williams, for breaking
and entering the house of John +. Tyler
of Guilford plea, guilty; Horace O'Claire,
for rape, plea not guilty. .....
Frank II. Boyle of Dover was arraigned
on the indictment found against him by
the grand jury at last September term
for assault with intent to kill and plead
not guilty.
On account of the break i'm the insur-
ance case, there was no other jury case
ready, and no session was held Thursday
afternoon
The Vernon case of Emory Phetteplace,
by next friend, j. c. Allen, VS., julius o.
Frost, will go on trial before a jury Fri
day morning.
Many cases are being continued which
would probably have been tried this term,
but for the absence of Judge Waterman
and C. c, Fits and the term seems likely
TO be short one.