Ellsworth American. [volume] (Ellsworth, Me.) 1855-current, 1858-11-12
Reported for the American by @. W. MADDOX, ESQ.,,
MExBER or rns HANCOCK BAR.
Court Record.

Reported for the American by O. W. MADDOX, ESQ,
MExBEs OF rns HANCOCK BAR.
Court Record.
AcrIoNs TRIED. Thomas Kendall {
als. .. Isaac II. Thomas.
This is an action Of trcspass brought against
Thomas, who is the sheriff of the County. io
taking by his Duputy, certain cloths ana read!
made clothing on a writ Of attachment
Blake, Biglow & Co of Boston,v. Richard
McClusky Of Castine.
1t was tried upon the general issuc-Ab
bott & Kent for Plffs. and Hinkley & J. A.
Peters for Defts. 1t seem that in 1856. Rich
ard McClusky, then carrying on the Tai lornl
Draper business in Castine. went &c Boston
aid purch ased quantity Of cloths & ready
made clothing Of the Plfs. in this action, and
gave them lien on the goods until paid for
also at the same time became indebted to
Blake. Biglow & Co. for bill of like goods
and gave them no lien on the 6 oods purchas.
cd-that subsequently McClusky became in :
volved. and Blake, Biglow & Co. sued him
and attached his goods to secure their debt
among which were all the goods purchased OF
Kendall & ais. which were not sold, and for
the taking of these goods was the action
Of trcspass brought against Thomas, who is
the nomenaI defendant in the case, but the
real defendants are Blake Biglow & Co, who
in their testimony endeavor to show tina
Kendall & ais. had no lien on the goods which
they sold McClusky, while the Plhs show in
their testimony that they had; and further
tina, the goods which they claim were sold in
the writ of attachment for much less than
their real value. and upon this testimony i,
went to the jury.
The summing up Of this case by the Court
was that the title of the goods in order for the
Plfs. to recover. must be found to be m them
and if SO, then they are to recover. provide d
the goods are not SO interminsled with others
as not TO be separated or designated. Then,
to come at the amount Of damage hich the
PHI. arc entitled to recover, the jury is 10
judge what. at the time the go,ds were tax en-
the ATTACHMENTS were actually worth.or what
they would bring at the ordinary sales at the
time they were taken.
The Court was requested by the Def. Atty
q instruct the jury on this proposition. viz;
II the Plhs. consigned the goods for sale to
McClusky with knowledge that lie would
manufacture them into garments in the usual
course of a merchant taIlor's business, that
they cannot follow and retain their title To
the manufactured articles; and upou this the
was agreed that McClusky was to be paid for
the mandatory of the articles.
Sd pAy-2d jury.
Haskell W. Hinckley =. lnhabts OF
Penobscot
This action was brought and tried in 1856.
TO recover damages for injuries owing TO the
State Of the road. The verdict was for the
PHI. for $500 and full costs. Exceptions
were filed and allowed when it went mp in
the April Term 1858 and the Exceptions sus-
tain d, when /, came back to this Court TO be
again adjudcated upon 10y jury.
The case was opened. Huxley for PlF. and
Abbott for Dens.. and the evidence got out,
when by consent of parties i: was taken
from the j.ry and submitted TO the Court,
when the Court gave the PlF. $50 and one
quarter cost.
Albion X Hooper t. Isaac IL. Thorn
as.
Thi, was an action on ple,in Bond taken
by an officer, which wa, not sufficient TO COW
er the expenses OF the original suit. 1t was
,,ied April Term 1873 and the jury disagreed
when II come up Tor another ttial. Upon tie
in,imation Of the Court, it was agreed by The
AttNnies % eater il, neither party
Edwin Debeck .. George n. Black,
This was an action Of assumpset brought
upon an order drawn by one Kimball in favor
o. ths Pa Debsek. upon the Def. Black
the Pits father, an endorsement. and al
another presentation of the order by the Plf.
he made another endorsement. when atterwrad:
the Def refused to pay any more.
After hearing the evidence in the defense
it vas taken from the jury and submitted &c
the Court
9Th DAY.
Erastus Redman u. Thomas S. Fuller
This is an action of assumpsit brought Il
recover money loaned TO the Deft. as follows
In Oct. 1887. the Deft, had $50. on the Han
~rh has m o
deemabc in Boston. and the flf. lie, the Def
have $50. current money, and took the Han
cock bills with the promise that current NOR
ey sh Juli be paid to him if necessary in one
or two weeks The Bank shortly after wen
int, Receivers hands and was almost worth
less. The defense set up was that the Deft
did no, promise to redeem the bills it the,
should prove worthless or deprecia,e in value
and tina, there was no agreement between III,
parties, bu, that it was fair and final ex
change.
The testimony in the Gaze was somewhat
coLfic,ing-the Plf. and Def. stating in sub.
stance " ha. appears as stated above. Ar
gued to the jury by Wiswell for PHI. and
Hinkley for Deft. Verdict for Plf. in the
same. sued for and int.
9Th DAY.
Thomas J. circuit J. ais. =. Leo. ard
d, beck
This Is an action of trespass quare clausum,
in which the PITS. claim Real Estate predi-
Gated upon Deed from the proprie'ors 'c
1homasJ. circuit now deceased, but in whost
;s l nht for In. heneht aI