Burlington weekly free press. [volume] (Burlington, Vt.) 1866-1928, 1916-04-06
$1,000 AND COSTS FOR ARNOLD
Verdict for Plaintiff in Suit
against Vending Machine Co.
jury Finds j. T.. Alexander and Il. X.
Somcrs Also Guilty but AcCuits
Three Directors who Were
CO-Dcfendants.

After being out from 1920 o'clock n. M,
until four O'Clock in the afternoon, the
Jury in the county court case of Gardner
Il. Arnold of this city VS.. T.. y Somers,
ct al. returned verdict for the plaintiff
to recover 5000 from the American News
Vending Machine company of st. Johns
bury, j. f.. Alexander and T. y. Somers,
and also returned a verdict in favor of
Or. W. j. Aldrich. +. NJ. Abbott and A.
j. Ladd directors of the company, who
were co-dcfcndants i'm the case. The
verdict for the plaintiff carries with it
the costs, which will be assessed by the
court The suit which had been under
consideration for nearly two weeks,
alleged conspiracy on the part of the
American News Vending company
through its directors to defraud the plain
tiff and the accomplishment of the fraud
by the sale to him through the mis-
representations of j. l.. Alexander, sales
man for the company. of the patent
-ishts to manufacture and sell the COM
panN's machines In the state of New
York. and also Of certain tool equipment
necessary for the manufacture of these
machines. The plaintiff asked $4,000 dam
ACES The defendants made n general
dental of the plaintiffs allegations. Judge
Hed S. Stanton delivered his charge to
the jury Immediately after court con-
Vencd Friday morning and instructed
them that the plaintiff could recover
against those perpctrating a fraud. even
though there had been no conspiracy. Mr..
Arnold was reprcs entcd by V. \. Billiard
land ). r. Moulton, and the defendants
by { H. Darling, r. T.. Brown. Levi p.
Smith and H. w. Writer'S of St Johns
bury. T. w Fay of Richmond was fore
mar Of the jury
I counsel for the defendants say the case
Twill be taken to the supreme court on
exceptions.
ANOTHER DAMAGE SUIT BEGUN.
immediately after the jury in the cas-
# Arnold VS.. Somers had retired, Judge
stanton ordered another jury to be drawn
80 that the consideration of the suit of
y w Van Clevo vs.. Eastern Fruit &
SUIT Orchard company might be begun.
considerable difficulty was experienced
n doing this and the entire panel was
Exhausted so that Deputy Sheriff Henri
Todd had to be sent after additions
alcSmen before tho following jurymcn
were chosen TO hear the evidence in the
ease: William Bacon, Sheburne: Arthur
lChilds, burlington; Arthur j. Desautcls
Colchester: James Harrington, Burlnc-
ton; II. T.. Hunt IIinesburg; II. s. Isham
Winston; A. l.. Liberty, Huntington,
oscar shepard Colchester; H. T.. Mott
John NCuen, Thomas Conlin and Henry
Ross. burlington.
This suit is an action of assumpsit in
which the plaintiff seeks to recover S!,GN
damages because Of his discharge by the
company from his position of super
iintend"nt of their orchard farm at Grand
J Isle. The plaintiff alleges that he entered
4 the employ of the Eastern Fruit & Nut
. Orchard company as superintendent OF
their farm at Grand Isle on April T. 1914
! under contract calling for his
+ services up to April l, 1916, at Z
salary of $50 a month. together with a
house. garden and other pcrqusites, and
when also provided that his services if un.
/ satisfactory, could be dispensed with on
/ April !, 1915, by the company giving him
motto" of this fact. on January l. 1915
He further alleges that on June 4, 1914,
/ n" received notice Of his immediate dis
/ charge by the company and received only
1 his salary for the month of April.
The contract between Mr.. Van Cleve
and the company was put in evidence
Friday, as we'll as the notice of dis
charge given him on June 1914. which
stated that he was Impractical and ex-
traVa"ant in his management of the farm
and untitled for the position of super-
lntcndcnt Nh Van Cleve. who was on
the witness stand Friday afternoon,
testified that he remained in the house
which he had been occu lying on the farm
until June 20, 1914, ana that on June 16.
employees of the company, acting under
the direction Of c. j. Ferguson of Bur-
lngton, treasurer and manager Put some
of his household goods on the highway
IN the rain ana that on the Goth they
again put nearly all of his furniture out
On the highway, together with all the
, food which was in the house and placed
padlocks on the doors of the various
rooms of the house.
The cross-cNam nation of the witness
took up his qualifications as an expert
orchard'st as stated his contract and his
management Of the cOmpanNs farm. The
plaintiff was represented by r. f.. Brown.
S. r. Moulton and j. ]. t,nright, and the
defendants by V. A. Billiard, c. j.
Ferguson and c. s. Palmer.