The Vermont watchman. [volume] (Montpelier, Vt.) 1883-1911, 1910-11-03
is HEARD ON AN APPEAL
VILLAGE OF HARDWICk AGAINST
". ". MARSHALL BEFORE
SUPREME COURT.

Defendant Given Verdict In the
Lower Court-Case Of Mark Mears
Against Harry Daniels, An Action
In General Assumpsit Also Heard
By the Court.
The first case heard at the opening
OF the session of the Supreme Court
yesterday forenoon was that of V. w.
Rand, collector Of the Village Of
Hardwicl against w. w. Marshall,
apt, and trustee.
This is an action begun by the trus-
tee process, by the tax collector of
the village of Hardwick, which is the
party in interest. At the trial of the
case in county court the defendant
moved for and was given verdict
and from this verdict the plaintiff
appealed.
9. f. Billiard and NJ. G. Morse
argued for the plaintiff and W. A.
! Dutton for the defendant.
The case of Mark Mears of Marsh
field against Harry Daniels of East
! Montpelier, was then heard This is
an action in general assumpsit to
lrecoyer for a quantity of lumber. a
verdict was rendered in county court
for the defendant to recover his costs
and from this verdict the plaintiff APP
pealed.
The plaintiff claimed that in the fall
of 1906 f. G.. Lamberton was indebted
to him on book account for store bills,
and that the plaintiff under a verbal
contract with Lamberton, purchased
logs for himself and in his own name,
md had the same delivered to Lam
5erton at his MILL that Lamberton
agreed to manufacture the logs into
lumber without expense to the plain
! tiff. to market the lumber and that
the gross records were to be paid 10
the plaintiff to be by him applied. first
to reimburse the plaintiff for the
purchase price of the logs and second
to apply upon the Lamberton book
account Under the terms of this
contract a certain amount of logs
were delivered at the mill and We're
sawed into lumber and chair stock by
Lamberton. The plaintiff furnished
no money for this purpose but did al
low Lamberton to continue the store
account on credit. In the spring of
1907 the defendant, by a contract with
Lambertcn. purchased certain timber
rights and caused the lumber to be
drawn by Lamberton to the same mill
for manufacture. Under the terms Of
the later contract the defendant was
to and did advance certain funds TO
I-amberton.
A written contract of February is.
1907, is referred to and is attached to
the brief. Mears. the plaintiff, was
not a party to the Lamberton-Da Daniels
contract. The Mears logs, so-called.
and the "Danie's logs" so-called,
We're mingled and mixed after reach
was mingled in the process of manu-
facture The defendant purchased
| from Lamberton the lumber and chair
stock cut from both the Mears and
the Daniels logs. And the lum-
her and chair stock was cut MANI
!
of the defendant. The plaintiff claim
ed to recover from the defendant the
proceeds of the lumber manufacture
from the Mears logs
| The defendant claimed that the
Mears logs so-called, were in fact
purchased by and owned by Lambe"-
| ton: that as between Daniels and
| 7 aWherton no balance was due; the
Mears logs were manufactured : by
money advanced by the defendant to
Tamhnrton at the request Of Mears.
aud in Eehrrarv 1908. the defendant
maid ~ the n'aintiff the SIM of $500,
| in full settlement of all claim ~ the
| nlaiptif in and TO the LOGS and 1um-
| her and that the plaintff agreed 70
look to Lamberton for the balance of
! the account.
for the defendant.
r. NJ. Harvey and T.. NJ. Harvey
presented the case for the plaintiff
and f. l.. Laird and Fl. G.. Shurtleff
The last case heard yesterday was
that of Abbie Duggan against T. ].
Heaphy.' The plaintiff recovered in
county court for injuries received
while operating a mangle at the Pa
vlion hotel, when she was working
for the defendant. The defendant
took exceptions to the verdict and
carried the case to the supreme court.
: w y. Theriault, Lord & Carleton,
and f. l.. Laird appear for the plain
4.
/ ter and Harry Shurtleff for the de-
| PENDANT.
| 1t is expected the case OF the State
against X. L. Morse, bathing in Mir
ror Lake will be heard today In this
case States Attorney Gates appears
for the plaintiff and r. A. Hoar for
the defendant