Burlington weekly free press. [volume] (Burlington, Vt.) 1866-1928, 1910-12-22
VERY COMPLICATED CASE
Claims and COuntcr-CIainis in New
HaVcn's suit Reviewed.

Middlebury, Dec. 2c-The hearing of
the important and complicated chancery
case Of the town Of New Haven vs.. e s.
Weston ct. ais, the Others" being the
Mid>llebury National bank ard William
Mcintyre Of New Haven, which was be
gun before Chancellor stanton at the
court house yesterday afternoon.
was completed ut one o'clock this after
noon and the chancellor took the papers
with him without indicating any decis-
ion.
The claims and counter claims Of the
various parties may be briefly stated,
the testimony having been taken in
Mlddlebury in February and May last
before Charles II. Daring " Burlington
rs special SnGster and the tnct. sub
mittcd to the court in his report
The town OF New Haven seeks TO re-
cover from the Middlcbury bank the
total amount % the shortage that their
attorney. found IN going over the books
Of the late A. p Roscoe, town treasurer
Of New Haven from 1898 to his death on
May ~, 1908, which amount was $3.50.
The town claims to recover from the
bank because the bank received and held
on interest each year a large number of
Ne~ Haven town orders that the town
ella lined had been paid before they reach
ed the bank. but which the bank claims
we're Elt-edged securities. The town
further claims that with the exception OF
MIR. Roscoe none OF the town Officers
knew that these orders were in the bank
and that il the bank had refused Ia
cash these orders, Treasurer Roscoe S
shortage might have been discovered in
his life time, and that therefore the bank
should make the town good
The town also seeks to have cancelled
two outstanding town orders that We're
given by the .electmer on May 20, 1909
to William Mcintyre and amounting &c
si.G4224, in exchange for receipts held bl
Mr.. Mcintyre at that time, reading "fol
money loaned the town" and signed by
\. y. Roscoe a. town treasurer. The
larger Of these orders, being for 81 800
wa. accepted June Is, 1909, by f.. S
Weston. town treasurer, and deposhet
on the same day in the bank by Mr.
Mcintyre, who soon after checked out
large part OF the money. Tho smaller
order is still held by Mr.. Mcintyre
The bank claims to be an innocen
holder for value OF the larger McIntyr,
order ana that all the orders are ncGott
able and valid instruments. and that thu
| town of New Haven is indebted to tn
| bank for the amount Of tho larger Nc
| Intyre order and for some s140O and in
| terest additional and the bank seeks b,
| n cross-bill 10 have the court direct tn
town II New Haven to pay these money
| TO the bank.
The defendant. William Mcintyre
| seeks to have the amount OF the smalle
order paid to him, and Treasurer F. S
Weston who is only.a nominal defen
dant, asks for nothing but his costs.
! Leroy G. Russell OF Middlebury, Gee
| e. Lawrence Of Rutland and r. G.. Hun
Of New Haven are the solicitors for tn
town, while Frank l.. Fish Of Nereenne
and Charles I. Button Of Middlebur
represent the Middlebury bank ard MI
| Mcintyre. and each OF these gentlcmc
| made an extended argument in the case
Mr.. Hunt submitting the closing arsu
ment to-day. However, Chancellor Stan
ton disposes of the case it Is pretty Ger
tain to go up to the Supreme Court.