Burlington weekly free press. [volume] (Burlington, Vt.) 1866-1928, 1910-07-21
DISPOSITIONS TAKEN.
Z. A. Woodbury. md q. VI. Delaney
give Testimony in povru Cnse.

In the case of Max J.. Powell VS.. G. J..
and f.. i. Woodbury., an action to recover
damages of 100000 In connection with the
| Injunction brought by the Woodburys
against the sale of the Hotel Burlington
by Mr. Powell. tho depot:: of t. a.
Woodbury. and q. NJ Delaney were taken
| in rerpctuam Friday before County
Judge w NJ. Barber in the Office Of the
county clerk. Il. Y. Brown and f.. C.
Mower appeared for the Woodburys. V. a.
Bullard and NJ l.. Powell for the plaintiff
in the case.
Mr.. Woodbury. testified that while he
knew that his sons were endcavorng to
obtain an option on the Hotel Burlington
site. he did not authorize them to obtain
an option IT so great price as $4,000.
but that he subsequently approved of
their action. He further testified that he
agreed to furnish tho money to his sons
10 enable them to purchase the property.
ana that the property was to he pur-
| chased for the erection of hotel He
testified that some two weeks after the
chahcerN suit was brought by g. NJ
Delaney and G. l.. and r. p Woodbury.
h" asked Mr.. Powell to convey the prop
ertN to his sons and that they would pay
nm s9i~D in cash and that he would give
Mr.. Powell his personal bond that such
conveyance should not work to the in
jury Of Mr.. Powells or Mr.. pelanev's
creditors. whatever the result of the
chancory suit might be- Mr. Powell de-
clin"d the offer, saying that he would
| leave Il to the courts.
Mr.. Delaney testified that he conveyed
the Hotel burlington propertv TO Mr.
! Powell nS trustee in May. 1899 and that
| Mr.. Powell took possession Of the house
/ Including the bar, and ran both till the
! injunction was served. He further
| testified that Mr.. Powell changed the KEYS
/ 20 tn" bar room 50 that he DELANEY
| could not have access thereto. and that
Mr. Powell bought and paid for the
! liquors and had complete control of the
same. as he did Of the other part of the
hotel. He testified that before Mr.. Powell
I took possession Of the property as
trustee he furnished him Delaney with
money with which 20 pay for his license.
/ He testified that he told Mr. Powell on
soy cral occasions that he should have
! th" first chance to purchase tne hotel
/ property aud that when he was solicited
by Mr.. Brown to give an option on the
! property he saw MI Powell AID offered
MIN the property at $500 less than the
I amount or Mr.. browns oltiOn. Mr.
! Powell neglected to accept the offer and
! be told Mr. Powell that he would sign
! the option 20 Mr.. Brown He further
testified hat Mr. Powell told him that he
J f'oweill intended to put the property in
a syndicate Of $500" and that he offered
Mr. Delaney that amount. providing that
| he WoulG accept stock in the new COM
! panY TO he formed. in amount equal to
what his equity might prove to he. lie
testified that Mr.. Powell had never made
| him any cash offer
| In relation to the option deposit of S. 90
| in the Chittender County Trust company,
expiration Of option ana return Of money
TO the oodbu~Ys. ne testified that the
| Woodhurys had done cverythinr that they
had agreed to do with him.
| tn" two barkeeporS employed in the
! Hotel Burlington had been cited to ap-
| Doar TO have their testimony taken, but
! Mr. Powell conceded the facts to he viz
trally N" same as My Delaney had teS-
tired. and so II was agreed that 1t was
unnecessary to take the testimony Of
! these two persons.