Herald and news. [volume] (West Randolph, Vt.) 1878-1943, 1908-06-18
WINDSOR COUNTY COURT.
Several Civil Cases Heard BY Jury
Last Week.


The case OF Hicks vs.. Jones, Lamson
Co., assigned for struck jury June 20, mas
been re-sssignd for July 10 on account OF
other engagements OF counsei. ro.o"-
ing this will come the case of White Xiv
or Valley Electric Ry. 20. vs.. Frank K.
Paige. receiver. and the town Of Stock
bridge. Apart from these cases. there
only remain two or three jury cases on
the civil list, so state cases will no doubt
be taken up next week. The following
cases were tried last week
Harriet r. Gibson We. Benjamin r..
WbeIden. The plaintiff owns farm In
Shrewsbury and in April, 1903, be made
contract with defendant to sell him 400
cords OF pulp wood, standing. to be cut
by defendant. who agreed to pay Mrs.
Gibson sl.50 per cord for hauling the
wood to the railway. The contract pro-
vided that the hauling was TO be al such
times and in such quantities as should
be satisfactory 10 the defendant When
the wood was cut. defendant made con-
tract with one wilkins TO draw at si.25 a
cord. This was the breach Of contract
complained OF and paintif showed she
was always wiliing and able 10 perform
her part OF the contract The defense
was that Mrs. Gibson wes not IN posi-
ton TO draw TO the satisfaction Ct defend
ant. But plaintiff urged the reason for
the breach was that the defendant got i
done csc. cord cheaper Tbs jury gave
plaintiff a verdict for s2<5.5s and costs.
Sfickney. Sargent n SSeels tor p4ainisn,
K. w. Nolnney for defendant.
Augustine r Staples -. Sidney p.
Carleton. This was an action 81 trespass
on land. No question was made bot that
the defendant entered upon the land in
question. located in Chester. and cut hsy
on the land and picked apples 10 large
extent. The damages were agreed upon
at Els. II appeared that the land In
question was part Of certain farm pur
chased by the defendant OF the plaintiff,
who gave G deed OF the farm. and therein
reserved a certain piece OF land 10 him
self containing IS acres more or less.
Plaintiff claimed that the land entered
upon was part of this - acres. Defend
ant insisted that the deed could not be 30
construed. and that the LAND entered
upon was really part u the farm pur-
chased BY defendant. The courf found
The legal question In favor Of defendant
and sustained bis construction Of the
deed. Verdict ordered for defendant 20
recover his costs. r. r. Buck and Hugh
Henry for plaintiff; stickney, Sargent 4
skeels for defendant.
Dorothy Docd Shoe company V. IL
fridge II. Kimhzll. The plaintiff - 3
concern at Braintree, Mass; defendant
lives At Springfield, VT. In 1907. be was
interested In q general store at the latter
place. doing business Under the name Of
Tie Springfield Department Store CON-
pany. Ia May, 1907, defendant decided
70 close ont all lines but boots and shoes.
= III
ness arm and al msrkdown sale. In
May, 1907, be sent 10 the plaintiffs place
of business TO open an account and han
ole their goods. Pursuant TO their cus-
tom. they had Mr. Kimhsll make out q
printed statement as 20 the financial con-
dition of the sprinAfield Department
store Co. BY that statement be showed
q healthy condition financially and, rely
ing upon IL, goods on credit were sold
and shipped TO the Springfield Depart
TDent Store Co. to the amount Of nearly
$500. Some months later tina. concern
went into Insolvency and this action was
begun. claiming fraud on the part OF
kimball, and seeking damages TO the
amount stated above. The defendant
claimed that the statement made to the
shoe company was made in good faith,
and according TO plaintiffs understand
ing of the facts at the time. The case
went to the jury on Saturday and q YER
dict was returned for plaintiff for ssss.7s
damages and costs. Blanchard a TBpper
for plaintiff; Fred II. spsulding for de-
PENDANT.
The following divorce cases were heard
Frank NJ. Nichols -. Nellie J. Nichols.
Petitioner lives at Windsor; defendant at
Concord, " H. Bill Was granted on the
ground of desertion. Davis * Davis for
petitioner.
Frazer w. Kingsbury vs. Helen ID.
kingsbury. Petitioner lives at Caven-
dish. and his wife sonewh here in New
Hampshire. Bill was granted on the
ground o. adultery. n :. Buck for pc
titioner.
The case Of J. and :. Valentine -.
Louis Doresi ct al, was the first case 20
be taken up this week. IL il an action
OF general and special assumpsif-
W. II. Ward of Dyersburg. Tenn.