Ellsworth American. [volume] (Ellsworth, Me.) 1855-current, 1874-11-05

Samuel WATSON, Admir-, V. Jos. l.. Buck.
This action was brought to recover the bal
anee OF Insurance belonging TO Pits, interstate
II. b. Taylor. collected by the Def. Of an In
surance Company in Bangor, who took risk
on the fishing Schooner, Bride. who was sunk
In 1858. by British Ship, on her homeward
passage from the Banks.
The collection of the insurance of the Co.
was admitted by De:t. but he denied his liza
biiity to pay more, on the ground that he had
paid the same to one Geo. Allen, whom he
alleged 10 be Pits Agent, that full and fair
settlement was made with him, and the amount
due Pits interstate paid over less suudry bills
for which vessel and owners were liable and
also note held by Det't, against Taylor. PIT
denied the authority of Allen, to settle any
thing but the Insurance. and this was the
main question in issue, how far Aliens acts
bonnd the PIE
The Jury found verdict for Defendant.
Hale aud Emery for Plf. wiswell. tor Dert.
Rufus II. Young. v. Jeremiih Wooster.
Action for breach Of contract in not contnu-
ing partnership alleged to have been entered
into between. PHI. and Def, and . third
party. and not paying over proceeds of profit
iherefrom.
Amer Pins counsel had stated the ground
upon which he claimed TO recover. the court
intimated tina, the action could not be MAIN
tanned and that the remedy OF Plf. il any
was by Bill in Equity, non-suit was entered.
and the goes to the full Court.
Duiton for PlG. Hale and Emery, for Den.
Richard Goodwin. V. Thomas Frost.
Trespass for an assault committed by the
Defendant on the person of PHI. whereby he
was alleged to be seriously injured. Damages
laid at $1,000.
The evidence disclosed the fact that at the
annual March meeting of the town OF Nsris-
willie, in 1873. the PHI. was chosen pound
keeper Of said town. and vote was passed
prohibiting cattle from running at largc-ihat
the PHI. entered upon the duties OF his Of
fee. and in attempting TO drive Derts, cattle
10 pound. was assaulted By him and struck
with hoe. thereby knocking him down. cut
ting his head dangerously and iniliciing other
serious injuries. The assault was not denied
but there was testimony TO show In mitigation
of damages that the Pr. probably took the
cattle from Def-t. premises that he acted in
wanton and aggrayating manner. aud that hi.
injuries were much less severe than he repre-
sented them.
The jury found verdict for the PHI. and
assessed damages in the sum of eco.
Wiswel for PHI. Emery for Def.
Monroe Ioung.y Donald NJ. stuart & ais
Action on note given by the Dcn's.
TO one A. J. Cameron, and by him
dorsed 10 PHI. for 81 coo and interest pay able
in ons year. The making and endorsement Of
the note was admitted, but the Drf't Stuart
swore in defence that the note was given in
part for intoxicating liquors. and that the rlG
had knowledge OF ihi. fact before. or a; the
time the note was negotiated TO him. II ap-
peared that Cameron and stuart were brother
in-sw and that for liz years Cameron car
ried on the business. (>tuart being silently in
teres,ed with him. that on Jan. 3ist. 1873, the
date Of the note, Cameron sold out hi. Interest
TO Derts. consisting Of Real Estate, stock in
store &c. part Of which stock consisted Of
some sSDo worth Of liquors. that at that tims
Cameron claimed Of him over 5000, being hi.
share Of the profits Of the bar, for the . years.
and that he paid him in money, n horse and
carriage, n schooner, Stately by name. and the
note in suit. Stuart also swore that the Pla.
Young was consulted ai.Out the settlement. AMI
advised in relation 10 1t. The Plf. loupg de-
MED that he had any knowledge Of the consid-
Grafton. other than it was given in settlement
Of the claim. between them.
Tn, jury rendered verdict for full amount
Of note. and interest siIO5. Exception Gled
and allowed.
DrinkwAt.r for PA. u luton for Den.
MOnros Young A al. y. Ayu.
Action brought 20 recover the insurance
taken by the Dert member Of the Maine
Lloyd.. Of Bangor on rlGs. interest in the
fishing Schooner, wAichman in $50.
Afier Pif.'s. counsel had introduced his
Iie.iiDony. the Court on motion ordered a non
sui, on the ground that as each Of the Plfrs
were part owners ofthe Schooner Downing one
eighth cash. they should not have joined in the
action but sued seyerally.
Dutton for PHI. Hale & Emery tor Defi's.
Elisha Manchester. V. b. & b. X. Il. Co.
This was an appeal by Manchester from the
decision Of the County Commissioners made
July ISIS. awarding Manchester $3.50 for land
damages in crossing his farm in bucksport. II
appeared that Manchester had q farm Of 40
acres which was equally divided by the II. X.
track. The field and pasture we're both cut in
two. There was much testimony As 10 the
value Of the farm, and the worth Of the land
taken. The only question was as to the amount
Of damages, and the jury assessed the same in
sum Of $40.
Hadlock for Plff. Woodman & Emery for peft.