The Union and journal. [volume] (Biddeford, Me.) 1858-1882, 1870-01-21
SUPREME JUDICIAL COURT.
= f l ~ n u
York County, Jan. Form, 1870,
OFFICERS IN ATTENDANCE.
TAPLEr, j., PRESIDING.

ELL, Crier. Deputy Sheriff., THOMAS TARDox
ID. W. &. MERRILL, A. W. Mason, o. DURGIS
Messenger. 0rIs c. LIrILLrIELD--J-D. PULsI
PER, Stenogapher.
MONDAY. No 4s0.-John NJ. Traftcn, VS.
I, John II. Gowen Ut al Assumpst on this note
80, .t..-.,t...- Saeo, Dec 10, 1850. b,
i Five months after date promise 10 pay Sainue
Osgood or order, one hundred thrty.iour io-lo dol
"N'' vi 'S S- TsIgSedS ~ hra Joms II. Gowrs.
Endorsed as follows. '- ~ '''.'''
Without recourse, not accountable. 30 49, 800. '
ise5. Received in labor $500, saco, Nov. %
1866. Received on the within nOts l5.O. 'I'
Writ dated, Aug. 10. 1869. Traftou SUR
as indOrssc, reads his note aud swears to the
payments. ...
The reporter throws this trial into the form Of
colloduial dialogue which 10 would lave taken cen
turtles ago In England, batting somo necessary an
aehrunlsnIs) geo .H I.I'f .'iiV ii'n t.'i" u
Dsfl. 81, Statute Of limitations. Note due
May 10, 1860. Writ dated Aug 10, 1869.
More than years from the time il was due.
0utlawed. t .Tl. I'G .'In'l'p "'
: Plf. Payments endorsed have kept it alive.
Il Def. Not so. The endorsements are made
by yourself. A man can't keep alive his own
note by making endorsements upon it. 'ri :. 10
PlE Well, let the endorsements 60. You
made payments ON the note. That Is just as
well,
Dgt. deny the payments. 4.I. anri ...i
| PG. Take one payment ut "a time you work
cd for me blowing with your team on my farm
| in Nebraska in 1865. That came to 81. We
Def. So 1 did but did not then know
that you had bought the note, aud Of course
could not suppose was paying for il. asked
for my pay and you showed me your note q
stone for, bread. scripture consolation. .Ir".I.
PlE You kept quiet; you did not sue me
nor dunn me. Your silence gave consent. You
treated Il rs payment, and a payment II was.
| Def. II was no use for me to sue you, nor
dupn you. with that note in your hand. l
never consented Let the jury say If they call
that payment Of the note. H W"
| PH. Agreed. But, again, you sold me the
large red Chase horse for s $40, and told me to
indorse il on the note. which did at the. date.
I Deff Well, that Is partly true, only told
you would not let you have the horse to 80
upon the note without some understanding.
Did I not say to you that Iwould. pay you 70
psr cent, the same as paid others, that you
might have the horse for $50, Us y part pay
ment of that 20 per cent. That is the ques-
| ton.
Pr. Well, I can't say but you did say some
thing of that amount did not quite agree to
IL. 1 took the horse. There would be
little balance due me on your own understand
ing. No, I did not agree to'tske the 20 per CT,
but guSss | should have taken 1t il you had
paid il promptly. You know that some time after
this trade, told YOU | would take 500 for the
whole note.
Def. No, sir, 1 don't know that Let us
leave this dispute TO our twelve boucst neigh
bOrs. They see now about how the thing is.
We win take the stump and tell our stories, and
then let these lawyers explain our meaning, and
His Honor the Judge state the law, which all
good citizens should abide by, then Jet these
twelve good and true men say whether that is
n live note or not. frg'l HrlHTI Nr-.r...u
PC That is fair. am entirely willing, be
sides can't help myself ,..
NorE. After testimony and arguments, Ills Hon
or, Judge Tapley summed up TO the jury, and in
struetcd them 10 the law that tho note was out.
lawed unless there had been a payment made, that
the endorsement went for nothing being made by pf
ON his own note, the PAYMENT was the thing, that
II thSTo had been payment upon this nite az any
time, promise to pay the balance Is Inferred nom
that net that n either OF these transactions were
maJo as a payment Of the note then u reyives IL.
fthe labor was done without the knewicdge or nm
Outstanding of tho de that the note was held In the
nanIs OF TINS pi tnen NV o @ ss ~
nnon tIS nrcnS,top which Mr Cowen says tSat he
Ihado, then il would opOrate only a payment OF
PER cent which was agreed 70 DO pad Tor the nots,
~ ~, nm. n an m. other hand N was
aid regariiess OF or without any such proposition
sold absolutely, unconditonaly. for slb. % be In
IoIsi ON me n9,e pa art payn,%t 'v n ho n
o"is 10 entitled 10 recover the balance Of the note
and interest nom the time Ofindorseincnt. Mo
Verdict for defts. Plif moves to set aside as
against evidence. ,,. H. ga r..r .f...t .f -.
Mason. Hobbs. Chisholm.
TUESDAY. The cases assigned for this day
having been adjusted by parties, no case was
triei. = ."T' .'ln s.r'I.s g3h rli'
WEpyEspAY.-No. 500. Jonathan Ellis VS..
inhabitants of North Berwick. Action for dam
ACES for loss of a horse, Dec. 8, 1868, through
detective highway. ....... .... ..'....,.f -,
The defect ALLEGED was in n road leading from
Great Fails N Sanford. nj n point between the
Bnfft,m and the Uus,ey road, at a stone culycrt
which rot cboked nm, oyerHowed and quilted, 50
\. 10 MAKO !, hole n foot deem. nearly the breadth
a. M road '''o'''' r''77II'''I ''-'''
" The IN. MIS-, statement =. tina, he had rcoi SER
,ieablc sound horse, worth 10 him $50. That
with this horse, in a two-seated wagon, he start
Ell from his home in Sanford, in company with
bis wife, on the morning Of the day Of the acci-
dent. went TO South Berwick, took In their sick
daughter, went TO Great Falls, and on his re-
turn late in the afternoon, having Travelled
,hout thirty-sve miles. and being about four
miles ffnm home, ,rotting along with tight
rein ON n moderate log. on arriving Mt this 7cul-
W.. ~ n.hS' ~, 81 80 ,Jown liz
vert, JUS norsc s'un'o'oa aru I'"N NV"
and his wife got out and walked near three quar-
tiers of q mile. Thinking that his leg, was
vrencbed and IN timber IL by trottiug. they rot
~, -. -, AZ - - n 80 a.
In. The horse went Two or three rous aiter that
and then, in perfectly smooth piece OF road,
fell fat 10 the ground, throwing all the parties
an, eftho wagon On examination II s.found
V V =. , Va. g""so,. - : I.a"S .. ''..
that the bone OF ms rlght ninu ICE was conn-
pletely broken in-two above the gambrel. The
bovse never rae ayain and being worthless was
vn, W., 80 20 ~ -" - On
killed on the spot anu haalea on IN. =,
An. ,.istercc ~ thc u,y and tho knowledge Of