The Portland daily press. [volume] (Portland, Me.) 1862-1921, 1869-10-30

OCTOBER TERM-TAPLEY, j., PRESIDING.
FRIDAY.-Aaron Ordway " Nathan Wood.
Action to recover $500 and interest furnished
by plaintiff to defendant for the purpose of re
deeming certain mortgages ON property at
tached. The case shows that Wood for many
years sold one Atwell medicines, which At
well commissioned out to retail county stores
throughout nearly every county in the State,
with agreement with Wood to pay as fast as be
collected of his agents. This operation brought
Atwell largely in debt to Wood. He had also
endorsed some of Atwell's paper Atwelps
his paper to large amount at 10 per cent.
discount, which lay along months and some OF
it for years, until Wood becoming alarmed, in
July, 1888, sued Atwell ON his book accounts
for all the medicines sold him, and on the 10
per cent. notes. Atwell made vigorous de.
fence, and the result was numerous and Sc
verely contested lawsuits, with varying sue
ces. The circumstances are too numerous even
to sketch. The contest became war, in which
the plaintiff says Wood felt it very important
not only to win his suits against Atwell, but
to drive him from the track as arrival in bust
ness to deprive him of the power to fight. He
had attached all of Aswells stock, some of
which was covered after the attachment with
mortgages or assignments. Some of Woods
suits beng uncertain in their results, it was
doubtful whether his claims would exhaust
Atwel's stock, and Atwell as such persist
ent fighter it was uncertain when the war
would end, so that goods could be sold on exc
ton. l. then occurred to Wood to buy out the
interest Of the mortgages in the stock, under
the impression that he could step into the
shoes OF the mortgages and sell the property
within six days, unless redeemed by Atwell,
and if Atwel redeemed then he would get his
money back and lose no hing To assist in
to whom Atwel was indebted some $1,000 The
mortgage on the goods was estimated at $1,000
and it was agreed between plaintiff and de-
fendint that each should pay $500 and lift tie
mortgage, and that each of the parties should
in certain contingencies, receive their money
back, just how and under what conditions is
the very question tried. Plaintiff says that
the agreement was that out of the first money
received on disposition of the mortgaged prop
ertJ, whether on sale by assignees of mortgage
or on execution, he was to be paid back his
$500. Then Wood was to be paid in full his
5000, and all his claims besides, aud the resi-
due was 10 pay plaintiff 5 original debt against
Atwell.
Wood says, not so. l was to receive my
$500 fist and all my debts against Atwell and
the balance, if any, was to go to Ordway. 1t
turned out that each party had to pay $3.50 to
extinguish the mortgage. After the sale OF
the goods on execution, Ordway called on
Wood for the 5000. The payment was refused
hence this suit and a trial by jury to settle
what that verbal agreement was.
Ordway supported in his version by Judge
Howard g. Cleaves in whose presence Ordway
and Wood shook hands over the agreement
and by Atwell Wood introduced several wit
nosses, family connections, who swore to his
version of the agreement and to admissions o.
Ordway. .t
The first verdict for the plaintiff was set
aside w the Law Court on motion for new
trial, IS against evidence and for newly DIS.
covered evidence. Alter a long trial at tbi
term of the Court the jury have again returned
verdict for the plaintiff for $SO9.33
Deane & Verrill. Strout & Gage.
Laura j. Wentworth, libellant, " James A.
Wentworth. Libel for divorce; cause, abuse
intoxcation and desertion. Divorce decreed
Gro. B. Emery for hbellant; NO appearance
for libellee.
Harriet }. Baker " Beniamin D. Baker,
Libel for divorce; cause, i'll treatment and in
compatibility of temper. The libel also set
forth that at the time of the marriage the libel
laut was only fifteen years of age, aud her
husband fifty years her senior. decree 0
divorce was entered by order of the Court.
J. H. Williams for lbelant. 1..f.
Adjourned to Monday morning, 10 o'clock.