Burlington weekly free press. [volume] (Burlington, Vt.) 1866-1928, 1914-01-15
6 H|TTENDEN co.
CASES ARE HEARD
Supreme Court Considers Three
Suits from Burlington
and Vicinity.

as any indication, seems to point to 4
short session.
In the first case. that from Chittendcu |
county of the town of St George vs. /
II. II. Tilley, assumpsit, Judge w w. |
Miles of Barton took the place of JUS !
tice William H. Taylor as the latter |
presided at the hearing of the case in |
the lower court and was therefore in |
eligible to hear it in the supreme court. !
V. A. Bullard appeared for the plain
tiff and Judge G. 5. Palmer for the
defendant. The case is FOR the recovery
Of s36907 which it is alleged the de-
PENDANT. II. II. Tlley, treasurer of the
town of st. George. failed to turn over
upon resigninr his office.
The findings of fact show that tho
defendant. TilleN. was treasurer Of the
plaintiff town from December !, 1901
to June /, 1908, holding the office first
by appointment and then by successive
elections until he resigned on the last
named date.
During that time he collected the
taxes voted by the town. While the
town elected auditors they did not audit
the accounts of the defendant until
1908. when one of the auditors looked
over his books to see if they were cor
rectly footed but did not check them up
with the vouchers.
AT the March meeting I'm 1901 the
treasurer submitted his report as treas
1rer, showing what he claimed TO he %
balance in the treasury of Si9G>, which
report was accepted by the meeting.
The attorney for the plaintiff claim
ed that there was in fact $4,000 in
-. ,,.,o,l ~ SiocS that th.r..
,,.as T., +ho hands of IN, treasurer Mt tn.
time of his resignation $33i>2 from which
s5oqo was deducted
In tbe lower court Judgment was rem
aered for the plaintiff to recover $3.9.p1
md costs. Attorney Bullar. argued that
tbere was mo- error in Judgment Of the
court and that Judgment should he sis-
toirod
ATTORNEY. G. s Palmer for the defend
mt claimed that the burden of proof was
nm the plaintiff to show that
Tho treasurer II as received the
r,,,as ,s claimed and this he had
failed 70 do. He also claimed that even
/, he had received them tho, had failed
to show, that the money had been nisap-
nnor,r;atad and mat tho fact that the re-
~, ~ tho treasurer had heon accented
~, the town meeting nrecluded recovery.
Ia Man ' . JAMES
The second case for trial was the chit
tenden county case of Elias Lyman vs.. G.
w. James. trover The attorneys were
Powell & Powell for tn, plaintiff and
Furman & Webster for the defendant
On November 10, 1909 the plaintiff.
Elias Lyman, purchased an automobile
of a Mr.. Hill and made ARRANGEMENTS
with the latter to run the car for him
and use it in the demonstration and
livery business in Burlington.
Hill took the car and used it ur to
May 2S, 1910, when the defendant took
the car away from him 10y writ OF at
tachment and kept 1t until about tho
first OF the following August The car
was then released by him and returned
into the possession Of Mir Hin who used
it after that under the old arrange
ment.
The plaintiff sued for damages claim
ed tn have been sustained W lille be was
1o,v;,.o6 81 tie, of tI.. ra, from
the loss of II in his livery ana demon
stratiOn business and Of the chance To
sell 1t as he claimed that now model