The Brattleboro daily reformer. (Brattleboro, Vt.) 1913-1955, 1913-10-08

WIN AGAIN
Demurrer in Grange Store
Suits Sustained by
Supreme Court
MUST BE BROUGHT
IN CHANCERY COURT
Decision of County Court Affirmed in
Akley Suit Against Carpenter, IN
volving Yoke of oxen-Another
Trial in Tudor Case.

The supreme court at Montpelier, in
session this week, has handed down
several decisions that are of special
interest III and about Brattleboro.
Among them was the long drawn-out
ease of Charles +. Brown & Co.
against Oscar Il. Ware and others.
commonly known as the Grange store
cases
This case and two others Of the
same nature brought by the Dewitt
Grocery Co. aud the Henry !. Perkins
Co. have been in the COURT, since
October. 1911. The cases were brought
under the statute which makes the
directors of n corporation personally
liable for the indebtedness Of the cor
poration If they consent to indebted
ness being incurred to exceed two
thirds Of the capital actually paid in.
Mt each subsequent term Of the
county court since the beginning OF
the eases dcmurrcrs by the defendants
have been flied and at the last term
the defendants again demurrcd to the
declaration and also moved for a trial
by jury. The demurrer was overruled
and the motion denied. but the court
allowed the case to 90 to the supreme
court upon questions of law to he de
eided before the case should be tried
on questions Of fact. These questions
were argued last May and the decision
was handed down yesterday.
The supreme court sustains the de
murrer OF the defendant and holds
that no suit at law can be maintained
against the defendants. holding that
while they are liable the creditors
must proceed through the chaucery
court, otherwise an action at law
might make a creditor preferred over
others. Final Judgment is given for
the defendants to recover costs.
While the fun decision has not been
received here. some lawyers appear to
believe that this decision of the high
court has been direct reversal of
opinions in similar eases that have
been given before.
1t is row probable that the attor-
ncvs for the defense Will have the
other two cases called before the
county court and disposed of in ac-
lcordance with the decision Of the su-
lpreme court.
In the case of the Eugene II. AXE
lev estate against Frank o. Carpen
ter. the judgment of the county court
is affirmed, to the effect that the
Iplaintiff recover for damages for fail
ure to carry ont a contract 1t was
claimed that the plaintiff bought eat
tie of the defendant and that the lat
ter failed to deliver one yoke of oxen
which were Included in the purchase
The plaintiff has died since the ease
was started H. c. & F. r. Barber
for the plaintiff and +. w. Gibson an5
Chase & Chase for the defendant.
The court affirmed the decision OF
the county court in the ease Of George
Tudor against Herbert $. Mudgett anC
A. Crosby Kcnnett and the case i
remanded to the lower court. The de
PENDANTS dcmurred, alleging that bil
: of sale that had been put in and whlei
( the plaintiff had asked to make owe
+, had once been used as evidence an'
could not be made over and the cas-
he tried again. The supreme eour
held that the bill had not been o
sufficient importance III the evidene
to invalidate new bill being use
in another trial Chase Chase an
w. r. Daley for Tudor and H. q.
F. ri Barber for the defendants.