Burlington weekly free press. [volume] (Burlington, Vt.) 1866-1928, 1911-04-06
SUIT OVER PARTNERSHIP.
VI. g. Rosenberg wants 1880 from
II. n. Warner.

n. n. Warner.
In county court Friday morning the
case of Moses g. Rosenberg We. Richard
T.. Warner which had barely gotten in
motion when court adjourned Thursday,
was resumed. and the jury completed.
The following Jurors were chosen, 70 hav-
ing been challenged: II. NJ. Brown Of
Jericho. II r. Hall of Essex, Jonn Hard
acre of Colchester, w. j. laprese OF Shell
hurne. Thomas Mahan of Huntington, n
~. Partch Of iinesburg, jed &. Phelps Of
clifton, W. j. Parker of Shelburne, A. b.
Stearns OF 1fincsburg. George T. futile
&c Burlington. Il. G. Woodward OF Essex
nd Sidney Warren of Willlston.
The parties to the suit. Rosenberg and
" arner, were the partners in the Burling-
ton Furniture company which for some
years did business on Pearl street Rosen-
borg being the managing partner. as Mr.
Warner made his homo in Taunton Mass
ON February 81. 1910. MIR. Rosenberg and
Mr.. Warner executed a written contract
Cor n dissolution Of their partnership to
cate from March %. 1910. According to
tho terms OF this contract, 1t was optional
With Rosenberg 10 buy from Warner, pay
ing him $1,000 or 10 sell to him and re-
ccivc $3.50 In the latter case 5000 ca sh
was To he paid him by Warner, and OF the
balance sl.rO was to he reserved for three
months and $500 for six months. by War
ner as d safeguard against debts ana
liabilities which might become payable
later on. The present suit Is brought by
Rosenberg TO recover this 81 800, and Is an
action of special assumpsit on the con
tract
The defendant claims. under the gem
eral Issue with notice Of special matter
OF defense, and also under two special
cas-, that the 1.5oo and some 500 addi-
tonsl was used up in paying debts con-
corning which Rosenberg gave Warner
- information at the time of the sale. and
lY way OF rccoupment of damages, that
Rosenberg did not deliver over the lease
70 the Pearl street store property. al
though the contract covered the leases
aud good will OF the business. and also
| tat Rosenberg should refund $40. the
amount of his salary from February q to
March -
In regard to the 1880 worth of debts
| claimed 10 have been paid by the de-
fcndant the plaintiff claims that the
goods for which these payments were
| made were either not Vet deIlN ereu, or
were in transit at the time the contract
vas made, so that Warner might have
| cancelled the orders for them had he so
! desired.
| Most Of the morning was spent in vari-
! Gus discussions by counsel, which fell
| just short Of being acrimonious, but
| which were sufficient TO keep the specta-
tors awake. Later, Mr.. Rosenberg took
the stand. Tho plaintiffs attorneys are
/ =. e. Hopkins and V. A. Bullard, while
/ Cowles " Moutor and VI. q. Leary APP
I pear for the defendant.
The afternoon session was entirely
/ token UP with the testimony of Mr.. Ros-
| ouberg. and the case degenerated into a
| tame and spirtless affair. involving sew
eral bushels Of bills. statements. letters,
! Invoices. vouchers, checks. notes, drafts,
, bills OF ladinG, bonds. receipts. invento-
! i!eS. briefs, transcripts. spe 'ificatiors.
| l.;eas. general and special issues with and
! without notice and other documents Of a
! similar nature dear to the hearts Of law
! YCrs and expert accountants. II not OF
| ,crors; also divers copies Of the same
! both certified and carbon.