Norwich bulletin., 1916-05-12

EastfOrd; Willard Avery, and J. F. Hyde. Hampton; George g, Guild and liam H. Kenyon, Plainfield; Andrew A. Amfdon. and George S. Platt, Pom fret, and Caleb Anthony. Scotland.
 Plaintfffu' Case.
 Following the swearing in of the jury, the counsel for the plaintiff Frank H. Toss, stated that the de- fendant gave the notes to the plaintiff dated June 10, 1915, each for 100 with interest at per cent, one payable two months and the other three months after date. On July 1os 1915, another note for $50 was received. payable in one month at per cent These notes were ell in the possession of the plaintiff and unpaid.
 The first witness for the plaintiff was Roland B. Jordan secretary of the company and general manager John l.. Leonard of Middletown, for- merly connected with the company, and Miss Mae Piechal<, bookkeeper.
 Their testimony was in. regard to the identication of the notes which were offered as exhibits and in re- gard to the terms of the sale. Leon ard said that he conducted the busi- ness of the sale of the car to Briggs, although the demonstration was by N. G. Eccleston. The notes were made out on April and were dated ahead. There were originally three notes for 9IUU apiece anu O116 was laL6T Iak0Qs up in part and another given for $50.
 Defendants Testimony.
 Stanton L. Briggs, the defendant, testified that he was 9 farmer and lived in the town of Lebanon He made arrangements for the purchase of the car for $500 in April, 1915. He identified his signature on the notes but said he did not make out the body of any of them He supposed l fnHxy Nzyn111d hc fcd of t7o were made. Altogether he paid s400 on the car and some that he had sent to the company had been made to ap- ply on a merchandise account that he had contracted at the garage. The car was demonstrated by MT Fc- cleston, who told him at the time that the car had been recently overhauled and that the company would stand back of it. He had trouble on the day he took the machine home and in fact he had trouble with it contin- nously during the four months he owned it. It had never been satisfat- tory to him and was worthless to him.
 Repaired at Norwich Garage. The main trouble seemed to be in the magneto and on one occasion he paid $95 to the Thames Square Gar age in Norwich with no better re- suits. On one occasion the car was held in the. garage here for six weeks while the magneto was sent away for repairs. He said that the tires were supposed to be new but some of them did not stand up a month.
 Frank Faulkner of Norwich testified as to the car being brought into the garage where he worked. He said the condition of the car at that time was very poor. That condition of the i gears showed considerable wear. He found it necessary to put in new parts in the transmission. He said ! that it would take months to wear out gears like them by an incompe- ] tent driver.
 Neighbours Testimony.
 William G. Torren, farmer of Leb- I non, said that he had ridden in Briggs car about the first of May, 1915. Said l that Briggs had trouble with car and he thought the trouble was in the magneto. Did not examine the car carefully. tHe saId that he would value the car at about $200 when he saw it.
 c. Huntington Lathrop, of North Franklin, testified that he had ridden in the car about the middle of April; l it did not run smoothly, seemed to skip and made considerable trouble They rode about two miles at that time.
 @ George Hoxie of Lebanon had rid den in the car several times. Some l G44AAOS bAAC CclA WSAl SOOo dIlA1 lIlSU again it didn't. Would skip and then stop. Knew of Briggs having trou- hle with it several times,
 The Car Baked.
 Wilton Hoxie told of his experience with the car. Said at one time they were going to Goshen and the car suddenly stopped and they couldn't get it started. It would back fire On one occasion they were going to Mar fagansett and got as far as Mystic and had toNput into a garage.
 R. L. Warrington, of Lebanon, W. F 1illie of Franklin and William A. PultZ told of riding in the car and the way it acted.
 Brothers Testimony.
 C. Henry Briggs, a brother of Stan ton Briggs, testified that he had paid $35 on the note Sept. 13, 1915. He l has ridden in the car twice and it did not run good, skipped a great deal He said that the $25 was to be ap- l plied to the note due that day and that it was not applied on the note 1 The amount was instead credited on a merchandise account.
 Charles S Briggs, father of Stanton Briggs, testified that he had ridden in l tl1e car and that it caused trouble
 Stanton Briggs said that the car I was tied up in the garage at one time for six weeks and he was deprived SA CiS uoe O4 It, I1S CoI4SA4eESo LAS 1 damages for this would be S75.
 Original Owners Evidence. Thomas Killourey, a local under taker, testified that he owned the cal 1 in question, an Oakland, in 1914, an6 1 that he paid $1200 for it. He bought it new and it was in his possession from April, 1913, to the fall of 1914 when he had it overhauled by the firm of Beckwith and Gagnon. Took it tc them and told them to look it over After it came back from them he tool and found that it run as well as ever in fact, better. Bad weather cam' on then and he put 1t up. Tn tn, meantime Jordan came along witt some new cars and took him out. H, traded this old car for a new ca