Vermont phÅ“nix. [volume] (Brattleboro, Vt.) 1834-1955, 1912-11-08
COURT MATTERS SETTLED.
Demurrer Sustained In Grange store
cases-verdlct Set Aside In Cook Lum-
Der Company case--Divorees.

Der Company Case-Divoroes.
A recess was taken in windham
county court at Newfane Saturday until
next Thursday, when Judge +. M. Butler
will come to Brattleboro to dispose of a
few remaining matters.
Among the cases to come before the
court near the close of the session in
Newfane were the three so-caled Grange
store cases in which the defendants de-
murrers to the plaintiffs declaration were
sustained, the declaration was adjudged
insufficient and the plaintiffs were given
leave to amend their papers. These cases
were entered in March, 1911, and have
been put over at every session through
demurrers brought by the defendants
The Dewitt Grocery company of this
town and two out town grocery con-
Germs who furnished the store groceries
brought suit against the directors, al
legng that the latter contra cited debts
to an extent that violated the law. The
last demurrers said the declaration was
defective in IL particulars Among other
things that the declaration did not al
lege that the claims accrued while the de-
PENDANTS were directors; that 1t contain
ed no allegation that the plaintiffs had
pursued their remedy against the corpo-
ration that 1t contained no allegat ton
that there ever had been an adjudication
against the corporation to establish the
fact as to whether there was an excess
of Indebtedness; that a single creditor
could not maintain a suit to enforce a
statutory liability against the directors
of a corporation until such liability be
first determined by some proper proceed
ing. Chase & Daley are counsel for the
plaintiffs and II. G. & F. E. Barber for
the defendants
Judgment was rendered for the plaintiff
to recover $50 and interest in the case
nf IA tol,a ali - no tl..,
against John d. Pierce of Newfane in the
so-called automobile case Some time
ago the parties traded automobiles Mr.
Pierce giving a Rambler and $500 boot
for Flanders machine. Mr.. Mitchell, it
is claimed, did not see the Rambler car,
but traded on Mr.. Pierce's representa-
ton that it was worth 5000. Mr. Pierce.
after paying the $500 and receiving the
Flanders car, alleged that Mr.. Mitchell
deceived him and brought suit without
delivering the Rambler. The court found
for MIR. Mitchell to recover his costs
which Mr.. Pierce paid. Mr.. Mitchell sued
Mr.. Pierce in an action of trover for the
value of the Rambler The court finds
the value to be $50, which is awarded Mr.
Mitchell with interest and costs. II. G.
u f. e. Barber are counsel for Mr.
Mitchell and E. w. Gibson and A. V. D.
Piper for Mr.. Pierce.
Ernest Robinson of Townshend who
pleaded guilty to the charge of assault
ing a girl, was fined 1925 and sentenced
to not less than two years nor more than
two years and three months in the house
of correction, but on payment of the fine
the rest of the sentence was suspended
and the respondent was placed on pro-
baton.
In the case of the state against Mr. and
Mrs. Walter Alexander, who pleaded not
guilty in the municipal court to the
charge of assaulting Mrs. Mary Clisbee
who lived with them in West Brattle-
boro, the respondents withdrew their ap-
peal and paid fine and COSTS amounting
to about $50.
Because the defendant in the case of
the Cook Lumber company of Greenfield
against John NJ. Moore of South Newfane
rode five miles with one of the jurymen
Claude Upton of Dover during the trial
of the case the court set aside the YER
dict of $500 recently rendered for the
plaintiff. This action was taken on mo-
ton OF the lumber company, plaintiff
but 1t was not done to censure the Jury
man. The case was continued, to be tried
again.
Additional divorces granted were as
follows: Agnes T. Porter of Brattleboro
from Edward j. Porter for intolerabl
severity. the petitioner being allowed to
resume her maiden name. Golden: Grace
A. Codding of Bellows Falls from Bert A.
Codding, for intolerable severity; Charles
w. Barnes of Brookline from Mabel NJ
Barnes, for a statutory offense.
Divorce petitions dismissed were as fol-
lows: Martha L. s. Carter of West Brat
tleboro against Peter j. Carter: Elmer
W. Turner of Londonderry against Nina
Turner; Mary c. Ingram of Dummerston
against Walter NJ. Ingram.