Phineas Wolcott Cook Family Tree

This family is found in "Some Descendants of Robert Porter," by M.P. Miller, p. 10, (F.H.L. book 929.273 P835m.) NEW HAVEN, ADDISON, VERMONT He was witness to his brother Zerah's land record 12 October 1826: Simeon I. Porter and Chauncey P. Porter. (New Haven VT Deeds 9:723, FHL 28575) WEYBRIDGE, ADDISON, VERMONT: Lawsuit against Zerah and Chauncey Porter: On 5 Oct. 1821 Ira Stewart sold to Zerah and Chauncey his oil mill in Weybridge.Stewart produced evidence the notes were paid late-two of them a year late. When the final payment was not made, Stewart prepared to sue at law and regain possession of his oil mill, but said Zerah and Chauncey persuaded him to wait one more year. They would obtain the signature of Elijah Branch as security and would pay the final payment of $619 in two installments. After those payments were made in 1825, Stewart refused to give up the deed. Judgment was based on a similar case. It was decided that since the Porters held the notes in return for payment, Stewart could not claim he had not been paid. If the original contract was not changed by their agreement to postpone the deadline, it must be honored. The defendant, after accepting the payment could not thereafter claim it was not sufficient payment. However, since all the payments were late the original contract could not be considered as having been honored. I believe the verdict was in favor of the plaintiff, but with an appeal to mercy. “The acceptance of payment after the day may be sufficient performance in a court of equity; and on application there, complete justice may be done between the parties. Judgment for the defendant affirmed.” (Reports of Cases Argued and Determined in the Supreme Court of the State of Vermont, by Asa Aikens, Vermont Supreme Court, Published for the reporter by S. Ide, 1828 Item notes: v.2(1826/1827) Aikens. Original from Harvard University Digitized Jun 29, 2007, , p. 417-428. ) 1830 CENSUS: Three possibilities: 1. Pittsford, Monrue, New York: 3 males, the oldest is 50-60 and 8 females, the oldest of whom is 60-70. The ages are wrong for either the parents or grandparents. 2. Chardon, Geaga, Ohio: one male 5-10 and one 20-30. one female under 5 and one 20-30. Not possible for this family either. 3. Farmington, Hartford, CT: One male 15-20 and one 30-40. One female 30-40. Probably not, although they could have been listed in that age category.

Vital records show this marriage, but also show Lora Porter m. John Wilson 23, November 1826. She must have divorced Chauncey, as divorce was relatively easy at that time. This family is found in "Some Descendants of Robert Porter," by M.P. Miller, p. 10, (F.H.L. book 929.273 P835m.)