The Brattleboro daily reformer. (Brattleboro, Vt.) 1913-1955, 1915-04-13
Two Motions by Defendants
Filed with Chancellor
Butler Today
BOTH OVERRULED
AND APPEAL TAKEN
Defense Wants Further Evidence Ad-
mitted as to Conversation at Time of
Rutland Contracts = County Court
Opens and Docket Is Called.
Especial TO The Reformer.)
NEWFANE. ApriI 13

y II ~ L, April ID.
County court opened here this morn
ing, and while the usual progress was
made in getting ready for jury and
court trials the most important mat
ter to come up was q chancery hear
ing In the Brattleboro overall case.
Court opened at 1915 o'clock with
Judge Fred Nj. Butler of Rutland and
Assistant Judges +. L. Hastings of
Townshend and Fred p. Pier of Brat
tleboro presiding. Prayer was offered
by Rev. IL. +. Leyoy. pastor of the
Townshend Baptist church
The jury and general dockets were
called and several eases were announc-
ed as settled and discontinued, there
being noticeable cut in the jury
docket. The prospect is for a short
term. While there are several jury
eases none of them is expected to be
long. The first ease set for trial is
that Of +. Crosby & Co of Brattlehoro
against the Boston & Maine Railroad
Co, which is suit to recover for ex-
cess freight claimed to have been paid.
This has been on the docket for some
time and there is some doubt as to
whether it will be tried at this term.
The next ease on the docket is that
Of f. II. Gale against the Leader
| Evaporator Co., a Londonderry case.
Appeal in Overall Case.
| The overall case referred to is that
| Of the Hooker, CbrseF & Mitchell Co,
OF Brattleboro against James +. Hook
/ er, William II. Corser and Charles d.
| Whitaker, all Of Schenectady, \. Y.
! former members of the Brattleboro
concern. NJ. c. Webber Of Rutland
special master on the question of dam
] je,r lxr 90
the orator company to recover practic-
ally So, 600 from the defendants
Judge Butler appointed a hearing for
today en- the matter of issuing lie
cree on the master IS findings.
H. K. Eddy and r. G. Bacon appear
ed for the orator and f. L. Barber ana
{. NJ. Miller for the defendants Tho
defendants reported that they were
not ready for hearing and asked FOL
| more time and the chancellor ORDERED
that they be ready Friday afternoon
April lG, at , p- m at Newfane.
The defendants fled two motions
both of which were overruled, excep
tions being allowed on which to take
the matter to the supreme court. On,
motion was for reopening the case Il
hear more evidence on the conversa
tion which took place between tht
parties, through counsel, at the tim,
the Rutland contract was made. whicl
contract gave Mr.. Proctor Of the ora
tor company the right to buy tht
stock of the other partners (now tn,
defendants) or to sell his stock t,
them. at price which was agreed up
on. Mr.. Proctor bought out the 9th
ers, who then started in business il
Schenectady.
The claim Of the defendants is tha
il was understood at Rutland that Nh
Proctor or the other partners woul
) have free hand with respect to en-
gaging in the overall business in tn
future Most of the evidence on tina
matter has been excluded up to now.
The other motion was for leave t
| amend the exceptions of the defend
S ants to the first report by the maste1
the defendants claiming that the poin
c now raised was not fully raised a
that time.
7; In overruling the motions the char
! eellor said he would allow the dc
PENDANTS the benefits of any excel
; tions they saved or might have save
on that question at the first trial b,
fore the master.