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Verdict for the Defendant in Sowles vs. Henry-The St. Albans Bank Case. On the convening of the United States Court Thursday morning court directed a verdict for the defendant in the case of E. A. Sowles vs. W. W. Henry, so that the execution holds against the plaintiff as well as his property. There being no further business for the petit jurors, they were discharged for the term, and a recess was taken until p. m. At the opening of the afternoon session the court announced its decision in the case of C. W. Witters, receiver, vs. O. A. Burton and E. A. Sowles, which was heard on exceptions to the referee's report. From the report it appears that the Glens Falls Shirt company made a note payable to defendant Sowles or order which was endorsed by him to the bank of which the plaintiff is receiver. The laintiff claimed that the defendants were the Glens Falls Shirt company and that they were liable as makers of the note. The referee has found against this claim and that they were not so liable. On that finding, the defendant Burton has judgment in his favor. The plaintiff claims to hold the defendant Sowles as endorser. But the latter claims that he is not liable as endorser upon the common counts and that the judgment in favor of the other defendant is a bar to any judgment against him in this suit. By the statutes of the State provision is made for judgment against the defendants found liable in an action founded on contract and in favor of those who are not Revised Laws Vt., sec. 938.) The procedure of the State courts is adopted in common law cases in the United States courts, therefore that judgment in favor of defendant Burton was proper and has no effect upon the liability of Defendant Sowles. Also by that procedure when a cause is referred all is referred that belongs to it and which might be brought into it by any proper amendment of the pleadings, Eddy VS. Sprague 10 Vt. 216. Granite Co. vs. Farrar 53 Vt. 585, The common counts may be so amended as to cover a count upon an endorsement of a note. Austin vs. Burlington 34 Vt. 506. Therefore this endorsement was within the scope of the cause referred to the referee. The exceptions to the report merely raise these questions. The exceptions are overruled and judgment on report for the plaintiff against the defendant Sowles for the amount of the note $5,736.44, ordered. In the case of the First National bank of Plattsburgh VS. Herbert Brainerd and trustees default was entered against the principal defendant for want of an appearance. The cause of action is a note for $2500 made and delivered to A. O. Brainerd February 8, 1887, by the defendant due January 1, 1888, which was endorsed by A. O. Brainerd and delivered by him to the plaintiff for a consideration. Court adjourned until 9 o'clock Friday morning