Article Text
SUPREME COURT.
SUMMARY OF CASES CONSIDERED DURING THE PAST WEEK.
NEW ENGLAND FIRE INSURANCE COMPANY V. C. G. LESTER AND W. H. LESTER, APTS.- An action in assumpsit from Rutland county, where plaintiff obtained a verdict and damages of $100.80. Judgment affirmed by agreement.
S. B. FARWELL, RECEIVER OF FIRST NA- TIONAL BANK OF DOWNS, KANSAS, V. CLARK SMITH.-An action in special and general assumpsit. Judgment for plaintiff for $190 and interest from June 5, 1895, in Rutland County Court affirmed, without costs in this court.
FRED F. TUCK V. NATHANIEL F. PAGE AND OLIVE R. PAGE.-An action on the case for enticing plaintiff's wife, in which suit both of defendants obtained a verdict in Rutland County Court, and the death of Nathaniel Page has been suggested on the docket. The judgment was affirmed.
MARILLA A. BROWN V. WILLIAM H. BROWN.-Petitioner's libel for divorce was dismissed in Rutland County Court, to which exceptions were filed. Her attorney, C. L. Howe, asked leave to amend by adding the charge of desertion. On account of his re- quest judgment was reversed pro forma and cause remanded.
GEORGE MOORE, APEE., V. WILLIAM PELKEY, APT.-An action in ejectment, from Frank- lin county, where plaintiff obtained a judg- ment for the premises and $37.30. By agreement of counsel judgment was af- firmed without argument. H. E. Wheeler and Wilson & Hall for plaintiff; Farrington & Post for defendant.
STATE V. FRANK MORRILL.-Respondent was convicted in Orleans County Court of grand larceny and sentenced to three years' imprisonment in the State Prison at Wind- sor. The Supreme Court rendered judg- ment that there was no error in the proceed- ings of the court below. Respondent takes nothing by his exceptions and was re- manded to the State Prison to serve his sen- tence.
STATE V. JAMES P. SULLIVAN. From Franklin county, where respondent was convicted of an intent to commit rape upon Bessie Pomeroy, a girl nine years old, in the cellar of a cash store in St. Albans village, alleged to have occurred October 4, 1895. A motion in arrest of judgment was made on the ground that the evidence did not war- rant the verdict, which is the question here. State's Attorney I. N. Chase for state; H. M. Mott for respondent.
WILLIAM H. RUGG, ET Ux. v. W. P. DAVIS AND THEOPHILE ARCHAMBAULT.-Pe- tition for a mandamus to compel W. P. Davis, clerk of Franklin County Court, to make an entry in the record of the amount of the damages in a prior suit of Rugg, et ux. v. Archambault, in which plaintiffs ob- tained a judgment, but in which the record shows no assessment of damages, and the clerk has no recollection of ever having made any. H. C. Adams for petitioners; Farrington & Post for defendants.
HENRY STANLEY, APT., V. S. S. TURNER, APEE.-An action in general assumpsit, with a count for rent, use and occupation. Judgment was given in Franklin County Court on the referee's report in favor of the plaintiff for $14.38. Both sides have excep- tions. There are some questions as to de- fendant's right to an offset. The case had its origin from the dealings of the parties in the East Berkshire cheese factory, where defendant manufactured cheese for plain- tiff. Rustedt & Locklin for plaintiff; A. K. Brown for defendant.
F. W. MITCHELL, ADMR., V. ENGLE AND JOSEPH PREMONT.-A space of land forty by twenty feet, located in Richford village, between the shoe-shop and Union block, is claimed by both parties. Plaintiff claims title, both by deed and adverse possession. The action was brought in ejectment, plain- tiff obtaining in county court a judgment to recover the possession of the premises and $14 damages, to which defendant excepted. Hogan & Royce and A. K. Brown for plaintiff; Rusted & Locklin and Farr- ington & Post for defendant.
M. MASON, F. H. DEWART, MRS. B. D. HOYT ET AL. V. TOWN OF ST. ALBANS AND VILLAGE OF ST. ALBANS.-A petition for a street to be laid out in the village of St. Al- bans, originally made to the trustees of that village. In county court it was ordered, on the report of the commissioners, that the highway be established, worked and opened by the town of St. Albans, to which the town excepted. There seems to be no ques- tion but that the street will be laid, the con- test being as to whether it will be done by the town or village. Farrington & Post for Town of St. Albans; Hogan & Royce for Village.
CITY OF RUTLAND V. TOWN OF PROCTOR.- A pauper case, the action being in assumpsit to recover $179.83 which plaintiff claims for board, care and burial expense of An- thony Clarke; also $86.95 expended in the care of a Mrs. Rafferty and her family. The case arises from the incorporation of the towns of Proctor and West Rutland, in 1886, and the incorporation of the city of Rutland, in 1892. The paupers resided in the limits of Proctor for three consecutive years, partly before and partly since it was incorporated. Joel C. Baker and C. L. Howe for plaintiff; Butler & Moloney and F. C. Partridge for defendant.
FRED E. MASCOTT V. GRANITE STATE FIRE INSURANCE COMPANY.-This is an action to recover on a policy of fire insurance, dated April 28, 1893, for the term of one year. The property insured was a carriage painter's shop in Castleton, destroyed by fire April 8, 1894, the fire originating from overturning a kettle containing benzine. The defendant claims that keeping benzine was against the condition of the policy and made it void, while plaintiff contends that benzine is in- sured, as it is an article usually kept in a shop of that kind. A verdict was directed for defendant in county court. W. H. Pres- ton for plaintiff; Joel C. Baker for defend- ant.
EDWARD SHUM V. C. A. CLAGHORN.-Re- plevin for one cream-colored mare. Plaint- iff, by warranty deed, May 3, 1893, conveyed his farm and personal property in Walling- ford to his son Joseph, with a condition at- tached for the support of himself and wife. On February 12, 1895, Joseph mortgaged the mare in question to defendant. Defend- ant subsequently took the mare on his mortgage and was about to foreclose when this suit was brought. Defendant obtained judgment for return of property taken and one cent damages in county court. Plaint- iff claims that the condition of his deed to his son was not fulfilled. Butler & Moloney for plaintiff; C. L. Howe for defendant.
STATE V. ALBERT EMERY AND RICHARD PENO.-The premises of respondents, in St. Albans, were searched on a warrant De- cember 13, 1894, and articles of clothing, bedding and table linen were found, belong- ing to various residents of St. Albans, which had been taken while exposed for drying. Respondents were convicted in county court. As they have each served a sentence of six months in the House of Correction on their plea of guilty for the larceny of a por- tion of the goods seized at that time, then being of the value of $10.
