The Brattleboro daily reformer. (Brattleboro, Vt.) 1913-1955, 1915-04-12
TUDOR LOSES BY
FISH'S DECISION
Chancellor Dismisses Bill Alleging De
ceit by Kennett s. Mudgett-
Another Appeal Likely.

Judge Frank L. Fish as chancellor
rendered today a decision in the suit
of George Tudor against A. Crosby
Kenneth and Herbert S. Mudgett, dis
missing the. orators bill of complaint,
in which it was alleged that the de-
PENDANTS committed fraud in making
a certain settlement of a lumber con
tract and in which it was asked that
the settlement be set aside. 1t is prob
able that the orator Will take the case
to the supreme court.
George Tudor of Wardsboro and his
son, Ernest Tudor of Brattleboro, in
1907 made contract to cut, haul, saw
and manufacture 100000 feet of
lumber for Kenneth & Mudgett o.
Conway, N H., erecting a mill for that
purpose. Kenneth & Mudgett adj
vanced money to them early in 1908
| and took a mortgage of about $4,000
| The Tudors were unable to carry out
| the contract and the defendants put in
another foreman and finished the sea-
son s cut On Dee 4, 1908, the Tu-
doris met Kenneth & Mudgett with a
view to being released from the con
tract, and settlement was agreed
upon.
The claim of Kenneth & Mudgett is
that they were to pay the Tudors $500
for all their interest in the property
labor, etc. They also claim that there
was due them about $4,000 for money
! advanced, machinery, etc. The Tu-
doris claim that they were to receive
| S., 600 for machinery which they tool
from Vermont to the New Hampshire
| obi my
which they put in, and that the $30t
was for their labor.
1t developed that there were mort
cages on the machinery which the Tu
/ doris took from Vermont to New Hamp
shire, on which about $1,000 was due
One mortgage was to l. Z. Gibson o
Bennington, which was transferred t
William Tudor. father of George, an
later to w. r. Daley of Brattleboro 70
collection. The other was to o. c
Ware of Wilmington, later transferred
to Mr. Daley for collection Mr.. Dale,
| brought an action in tTover agains
Kenneth & Mudgett to recover on tn
mortgages, whereupon Kenneth & Mud
eett brought an action of decei
against the Tuders, charging concea
! ment of the mortgages in selling til
The deceit case was tried In count
, court in September, 1910, and judy
ment rendered against the Tudors fC
| the amount due on the mortgages tn
supreme court reversed the judgmer
of the county court as to damage
only, for the reason that Kenneth
k Mudgett had not at that time paid tn
] mortgages. Kenneth & Mudgett the
| paid the mortgages to Mr.. Daley al
" brought the case again to the count
!, court for a hearing on the question
damages. George Tudor then brougl
bill in chaneery before Judge Els
claiming deceit on the part of Ike
. nett & Mudgett in the settlement
1908, and secured an injunction pr
|, venting them from collecting judgme
in the county court case. In the hea
ing on the injunction the orator ask
to have the settlement set aside, viii
"a Judge Fish declines to do, althoui
a saying that NJ. Tudor lost $4,000
n the machinery and was not paid 81
b stantial sum for his own labor or tn
of his son, who was minor.
The defendants will now move til
Judgment be entered against the orat
in the damage suit in county cou
Chase & Chase and W. R. Daley 8
consul for the orator, and F. E. Bari
is attorney for the defendants.