The Republican journal., 1875-01-14

Supreme Judicial Court.
JUDGE DICKERsON, PRESIDING

john W. Sproul vs.. Chas. Abbott In 1860
the town of Frankfort voted to pay any man
who should be mustered into the Z. S. service
on their quota, bounty OF $500, and in pur-
suance of that vote issued a town order to one
Henry II. Treve tt. The plf. says that his father
purchased that order of Trevett, and after the
death of his father it came into his possession;
that Mr.. Nose as attorney for Mr.. Abbott after
wards obtained paper from Trevett releasing
all his claim against the town and by virtue OF
that paper collected the money for Abbott. He
now brings this action to recover the amount OF
the order. Abbott says that Trevett owed him,
and considering the claim worthless he gave
it to Mr.. Nose; that whatever Mr. Nose did
afterwards he did for himself and not as his
attorney, that he never has received any Of the
money and never expects to, Verdict for dcft.
Pearce, Williamson. Mcclellan.
Ambrose II. Wyman VS.. Elliott II. Banton.
From 1868 to 1873, the def. sawed from $50 10
175 NJ. of Lumber for plf. The plf, brings this
action to recover the value of the slabs sawed
from that amount Of lumber. The def. intro
duced some As witnesses, farmers and millmen,
who testified that the custom throughout W aldo
County had been for the millnan TO retain the
slabs. He says that the usage had been of so
long standing that the plf. must have known
what it was. He also introduced testimony
that the plf. said, while the logs We're being
sawed, that it had always been the custom for
the millmen 10 hold the slabs Plf. replies that
he did not know it was the custom for the mill
men to hold the slabs. He called some dozen
witnesses who testified to some instances where
the logmen had the slabs. The court instructed
the jury that valid usage must be certain,
uniform, general, known, rea sonable, and con-
sistent with the rules Of law; and that the
usage set up by the deit. was reasonable and
consistent with the rules of law. Verdict for
def knowlton. Mcclellan.
State vs.. A. j. Merthew. Indicted for cheat
Ing by false pretences. This is our old friend
Jack and his lump of gold, the story Of which
has been told in these columns. knowlton OF
Liberty was appointed to his defence, but the
case was too strong for even the eX- Judge and
Jack was found guilty.
Cyrus b. Norris, on complaint of b. Trip,
for disturbing an Advent meeting in Searsport,
on appeal from Justice Sawyer. was found
guilty.
Jacob VI. Au>pland Us. L. NJ. Emerson and
wife. Rcpevin OF furniture Verdict for plain
tiff. Runnels. Hubbard.
Elisha II. Conant vs. Carlton, Norwood and
Co. Defendants bought certain lots Of pressed
hay of various parties for shipment from Rock
port. Among those furnishing was the plaintiff
He furnished it to the order of one George H.
Carlton, who has since absconded, without pay
ing for it. Plttf, claims that the absconder Wa,
agent for the defendants, and that they are
bound to pay. Verdict for p aintif, 1910. Mo-
ton for new trial. Fogler. Mcclellan.
The following divorces have been decrced
Clara L. Carlton from Geo II. Carlton; Eliza
A. Larrabee from Taylor Larrabee; Elya A.
Moody from Samuel Moody; Charles A. Curtis
from Mary f. Curtis.
Col. Forney, who is working enthusiastically
abroad in the interests of the centennial, writes
very hODetllIV almost OOSitiVnly OF the recOo-