The Portland daily press., 1875-03-27
Superior Court.

MARCH CIVIL TERM, 1S75-sYMoNDs, j., PREsID-
ING.
Members of the bar are requested to take notice
that an assignment of Court for this term Will
be m ade at ten o'clock this Saturday morning. The
case OF Stimson VS.. Skn is continued and the jury
will be discharged Saturday morning.
FRIDAY.-Carone H. Ellis VS.. Joshua E. jerks
This an action of trover to recover the sum of four
hundred dollars the alleged value of theatrical
wardrobe.
The plaintiff claims that shortly after the ineep-
ton of the enterprise now known as the Portland
Museum her husband. H. W. Ellis, one of the part
ners engaged her as mistress of the wardrobe at a
salary of S25 per week. which was soon after assent
ed to by Mr.. John L. Shaw, the other partner-that
she was to furnish the materials and make up such
wardrobe as should be necessary from time to time,
and that the title to the articles so constructed
should be in her; that she was stranger III the
city and had no credit or means at that time to pur-
chase the materials, Mr.. Shaw agreed to and did be-
come individually responsible for the price OF the
goods so purchased; that after the Museum was
opened, the finances of the firm not being in very
prosperous condition, it was agreed between the
plaintiff and Shaw & Ellis that her salary should be
retained and appropriated to the liquidation OF such
claims for material furnished as Mr.. Shaw had be-
come responsible for. Mr.. Shaw did subsequently
pay those bills and also the help that was hired in
making up the materials The plaintiff acted as
mistress of the wardrobe about two months and a
half. when some trouble arose and the partnership
was dissolved Mr.. Shaw assuming the debts OF the
concern; that some time after, she made demand
for this wardrobe in suit on Mr.. jerks who claimed
to have purchased of Shaw all the personal property
of the Museum, including the wardrobe, and he re-
fused to deliver up. 1t appeared that the materi-
ais of which the wardrobe constructed were
charged directly to the Portland Museum and to Mr..
Shaw. 1t also appeared that Mrs. Ellis received no
money from the firm with the exception OF twenty
dollars which she says for the services as an &C
tress of her daughter known to the public as Sap
pho''
The defendant claims title under bill OF sale from
John L. Shaw and offered testimony tending to show
that there agreement or assent on the part OF
Mr. Shaw that the plaintiff should receive salary or
that the title to the wardrobe should be in her. that
Shaw paid for the materials and labor of which it
was constructed and at the time of the dissolution
Mrs Ellis took away such articles as she claimed be-
longed to her and which were articles OF wardrobe
owned by her prior to the formation Of this partner
ship, and at that time she made no claim to these
articles in suit; that sometime after, she came and
demanded "her things, (which the defendant refused
to deliver saying he had bought everything there,
and further that they under attachment and he
could not deliver them 1t appeared that these art-
Giles wereIunder attachment on suit by VIM. Calde
but that by an arrangement between the sheriff and
Mr. jerks they allowed to be used on the stage
while under such pretended attachment, and it was
claimed that this amounted to conversion Of the
property without proof of demand
The jury, after being out four hours reported that
there was no possibility of their agreeing and that
one of their number sick, and were thereupon
discharged They disagreed on the question Of title,
standing seven for the plaintiff and five for the de-
fendant.
Loud-Cliffords for plaintiff.
Kingsbury 81 Jordan for def.