The Republican journal. [volume] (Belfast, Me.) 1829-current, 1874-05-07
Waldo S. J. Court, April Term.

Charles NJ. Webster VS.. Inhabitants of Free
dom. .On the 4th of April, 1873, as plaintiff was
carrying load of potatoes to Freedom Village,
mis- horse broke through the snow, aud before
he could be got out, spraincd and cut his LEG
badly. Plaintiff took the horse home ana took
care of him the best he could for four months
and then was obliged to kill him. Plaintiff saws
the road where the accident happened was bad
ly dritted, and had not been properly broken
out for two months at least and on that account
was unsafe and out of repair, and that the town
ought to pay him for the loss of his horse; that
the horse was worth $500. Defendants admit
that the horse was injured, but say that when
the horse broke through, he was outside of the
travelled part of the road and that the accident
happened through the cnrcleSsncss of the plain
tilt; and therefore they are not liable; thai com
,idering that it had been thaWins for several
days and was frozen but very little that morn
ing, 1t was not prudent Ton thu plaintiff 10 start
with his load. Verdict for plaintti Sla~ ;ii;i.
Mcclellan. Fogler.
Wallace +. Robinson aud others Vs. handler
G. Merrill Action ON a promiSsory note De-
fence payment. Law on report. Fnglcr. Hub
bard.
Harriet Greeley vs.. Rufus Man>ur. The
plaintiffs statement is this: that in 1872 she
held 4 note against the estate of James White
for Sll1l30, given in 1850, upon which there.
was one endorsement of 800; that in Dee.
1872, defendant took up the note by giving Il
new note for Sl0l4.5O with the understanding
that if there wa, any error in the casting Of in
tereSt he would make it right; that very soon
after the note was given, it was discovered that
there was an error Of S66. ~ and this action is
brought to recover thar balance. Defence.
signed the note as surety with James W hits >
son, and it was agreed that the SlOl4.50 should
be in full payment of plaintiff claim Verdict
for dett. Murch McClintock. Mcclellan.
Plaintiff moves for a new trial.
| Benz. 4. Post Ys. Charles Eliot Action ON
account annexed for hauling some ship timber
| saving and hauling some slaves Defense pay
ment. Verdict for plaintiff e205.94. Mcclellan.
| Foglcr.
Atwood W. Harding vs.. Preston NJ Prcnti-s
| Action on Il promissory note from Peter W.
| Prentiss 10 Preston VI. Prentiss; note endorsed
| BY Preston NJ. Prentss. Defence When |
endorsed the note was not OF age and am moi
holden Law on report. Mcclellan, Libby
| Wallace.
| Sarah Hunt IS. Russell HotchkisS and others.
| Action to recover dover. Several questions OF
law arose in the case which are to be decided
| by the law court. The only question submitted
| to the jury was what amount, if any, the plain
tiff is entitled to. Verdict lor plaintiff 555Go
knowlton. williamson
| state w. SeWcll simpson. PERJURY. 1t ia
alleged that at the last january term, i'll the
| trial Of |ewell Simpson y. Eli c. West this re-
| +ponGent testified falsely. Defendant 1t that time
| testified, that he had been 1T work for Eli c.
| West some four weeks in the winter of 1873,
| before the contract between c. +. Carter \ Co.
and Eli C. West was shown to him. II is alleged
| that the contract was shown to him the day
| after they went into the woods. Defendant
| tcsitie, at This triad the same is he did last
| winter, that tile contract was not shown TO him
! for some three weeks after he Went to work,
Verdict not guilty. Foglrl County ATTY.
| Mcclellan, Hubbard.
Miles Dreamer vs.. Annie Harris. Action on
Il receipt for 1928, given by This defendant to
|
| bargaincd for one quarter Of sch. Col. Simmons
for which he was to pay $500; That he paid
sl23 down and took this receipt; that after
wards the bargain was rescnded and therefore
defendant ought to repay him the Sl2i. de-
PENDANT says that in December 1871, attel
plaintiff said he could not pay the balance for
the vessel, all matters between them We're
settled by her paying him $50. Verdict for
defendant. Williamson. Foglcr.
In the case of Small vs. Clewly, in which eN-
ceptions We're taken and new trial moved for,
Judge Dickcrson delivered the opinion OF the
| full bench, granting Il new trial. Rescript: In
an action on 4 promissory note between the
original parties thereto where want OF con-
Sideration is relied on As adefence, and evidence
| is given on the one side in the Affirmative, and
the other in the negative, of the fact of eOnsd-
Grafton, the burden of proof is on the plaintiff
| to satisfy the Jury, upon the whole evidence. of
| that fact.
| The following divorces have been dccrcr,l-
Melinda Z. Haskell from Geo. W. Haskell.
| Mother to have custody of child.
Augusta Mcfarland from William o. Me
Farland. Mother to have custody of child
Esther r. Jones from Frederick A. Jones.
Mother to have custody of children,
Tobias Holt from l.. Maria Holt.
Gen. schenck, American Minister to England
VIII marry wealthy widow named Hicks. in
| New York, Nav 18th