Middlebury register. (Middlebury, Vt.) 1886-1937, 1904-06-17


day afternoon the third civil jury case
of the term was at once got upon trial.
1t was Eliza Barney vs.. Fred Nassau,
Judge Bliss and Mr.. Davis appearing for
the plaintiff and Ira H. LaF'leur repre-
senting the defendant. The plaintiffs
claim was that in February, 1908, she
loaned Nassau $1,000 with which to pur-
chase home, without taking note or
getting any security whatever, the only
condition being that Nassau should pay
the interest and as much of the principal
as possible every year. Both parties
lived in Middlebury and had for several
years been in the employ at the same
time of the late Hon. Philip Battell
whose housekeeper, Mrs. Barney, then
Eliza Wallace, had been for more than
90 years. Subsequently to Mr.. Battell's
death Mrs. Wallace had been employed
at the Bread Loaf during the summer
seasons and in the fall and winter had
usually made her home with Mr.. and
Mrs. Nassau, a warm friendship exist
ing on both sides. In January of the
present year Mrs. Wallace, 81 years of
age, was married to E. A. Barney of
North Ferrisburg, formerly of Middle
bury, and for some years fellow en-
ploye of Mrs. Wallace at Philip Bat
tells. She has since lived with her
husband at North Ferrisburg and in
April last came to Middlebury to see
Nassau about the overdue payment,
stopping over night at the house. She
told the defendant that she thought he
ought to deed the property to her or at
least give her mortgage as security for
the purchase money, Nassau declined
to do either the one thing or the other,
and hence this suit.
The plaintiffs case was all got in
during the afternoon and that of the
defendant begun. The defendant told
an entirely different story. He went
over the plaintiffs numerous and pro-
longed stays at his house and said that
on several occasions she suggested to
him that he should purchase home,
which he told her he was unable to do.
These conversations finally eliminated
in plaintiffs offer to furnish him money
with which to buy suitable home on
the condition only that he should pro-
vide her with home for the remainder
of her life. Negotiations We're opened
for the purchase of the house in which
the Nassau family were then living,
known as the Goodenough place, on
Seminary street. and the purchase was
finally completed, the price paid being
$1,000 and Mrs. Wallace furnishing the
money. The owners of the place,
through their attorney, w. L. Billings
gave Nassau a warrantee deed, Mrs
Wallace STIMULATING for no conditions
whatever in the investment. There
never was, the defendant claimed any
talk about interest or the repayment
of any part of the $1,000 until last April
three months after the plaintiffs mar
riage to Barney, and she had made hel
home with the defendant all the fal
preceding the marriage and up to the
very day OF the ceremony.
Such were the claims and the counter
claims. Plainly, one party or the othe
was seriously mistaken in regard to tn,
transaction. To find out which of til,
; parties was so under a misapprehensol
was the task set before the jury.
At the conclusion of the defendant
testimony a recess was taken to tn,
usual hour on Tuesday morning.
The case was resumed Tuesday morn
and the rebuttal for the plaintiff was al
got in by 1890 o'clock. After a brie
recess the arguments to the jury Were
begun, Mr.. Davis opening for tn
plaintiff and talking for only a quartz
of an hour. Mr.. LaFleur followed 70
the defendant and spoke for 40 minutes
JuuEe DllSS OCCupleu lit lcIlldlHuci
2 the forenoon session with the closin
5 plea for the plaintiff, which was un
| finished when the noon recess wa
, taken. The Judge closed his argumen
: at 2:20 o'clock and Judge Munson thel
e gave the case to the jury in a clear am
{ comprehensive charge of 80 minutes
and shortly after 3 o'clock the iur
retired to consider their verdict. The
, We're out only about 90 minutes at tn
S end of which time they returned int
/ court and announced that they ha
/ agreed, The verdict was in favor of tn
: plaintiff, that she recover from tn
e defendant the sum of S2050. %, tn
a being the original $1,000 and interest an
0 also her costs. The case will 60 to til
e supreme court. There We're no othe
: matters ready to be brought before tn
i court and, after Judge Munson ha
| stated the situation of the cases on tn
= docket which were expected to come o
= for trial, at 1885 o'clock a recess wa
f taken to 8 o'clock Wednesday morning