Herald and news. [volume] (West Randolph, Vt.) 1878-1943, 1908-12-10

son. This was 9 horse case from Hart
land. In the winter OF 1907, plaintiff
was drawing logs BY the thousand Ana
needed another horse to mate horse be
then owned and was working singiv
Hearing that defendant had q horse n
sell that be thought would suit him
ulaintifF went to the farm OF defendant
and looked the horse over. He told de-
PENDANT the horse must be able to draw
LOGS from 4 certain lot which he named
70 the Martin mill, and the defendant
knew the route over which the logs were
Ia be drawn. According to the PLAINTIFF
version. defendant said that while be
would not warrant the horse as sound. Il
would do the work required. So the
plaintiff paid e85 and took the horse
hftchin0 II MP with his own horse ana
starting for . load of logs. But it seemed
the horse was unable, or unwilling, to do
I his part in spite Of 9 little whipping.
After two three trips, the horse gave out
entirely and went lame. Thereupon
uIafntiFI took the animal back to defend.
/ ant and demanded return Of his SIS. The
4 defendant said be had no use for the
horse and would not pay back the money.
I A few weeks later, the horse was sold At
4 auction for $3.50, and plaintiff sued for
breach Of warranty. The defendant
denied making any warranty OF the ami
NAL further than to say il had always
done such work on the farm as had been
required Of it, and in working on the
road. Defendant said the horse bad
never gone lame while owned by defend
ant. and be believed the horse had been
wrenched while in plaintiffs use; hence
the refusal to rescind. The jury returned
3 verdict for defendant to recover his
costs. Davis q Davis for plaintiff;
Charles Batchelder for defendant.
George w. Humphrey vs.. Elmer
Turner. Both parties are colored men,
! The action is one TO recover damages for
the alleged alienation of affections Of
J plaintiffs wife by the defendant. Some
! Eve or six years ago. plaintiff ran lunch
cart at the Junction, and defendant, a
sleeping car porter, was one of his pa
: irons. There came time when plaintiff
E branehed out and became proprietor OF .
. restaurant. He needed an assistant and
: Mrs. Humphrey suggested that Turner
0 was out of work and could be had. She
: urged bis employment by plaintiff and
! defendant was hired to take charge Of the
q restaurant at nighttime. He had q room
= adjoining the rooms of plaintiff and h.
z wife. After while, the plaintiff noticed
( q cooling in the affections OF his wife and
Z saw some things that made him suspect
r the relations between his wife and de-
!. PENDANT The plaintiffs wife went fof
}, trip to Boston, and during her absence
4 letter came from her to defendant Thg
o letter fell into the hands Of plaintiff. who
It at ones turned the defendant out Of BIZ
/. room, and brought this action. Th,
i plaintiff called three or four witnesses
z " no testified to acts of familiarity seer
4 by them between Mrs Humphrey and de
= PENDANT.
Is When the Saturday noon recess wa
10 taken, plaintiff had just closed his open
D. ing case. A motion for a verdict was 8
q once made on the ground that there ha'
At been no legal marriage shown betweel
n plaintiff and the woman be called hi
ID wife. Pending a decision on this point
o recess was taken until Monday after
be noon.