The Portland daily press. [volume] (Portland, Me.) 1862-1921, 1876-07-20
Supreme Judicial Court.
LAW C0URT-wEsTERN DIVISION

| LAW CoUhI-WESTERN DlNlSlON.
| Present-Appleton, Chief Justice; Dickerson, Bar
rows, Danforth, Virgin and Libbey, Associate Justi-
| ces.
| argument in the case of Washington Ice Company
| VS.. Nathaniel Webster.
| The Franklin docket was then taken up.
Rachel Rackliff VS.. Charles V. Look. This was an
| action OF dover, The plaintiffs downer had been
set out on the writ OF seizin. The defendant filed
objections to the acceptance of the assignment of
DOVER and asked to have the facts stated in his OBJ
Jections settled in some way, and asked for jury
trial on the facts. The presiding justice, after the
jury were dismissed ruled the facts immaterial but
offered to hear evidence of their truth. The defend
ant excepted to the ruling that the facts imma-
teral.
S. Clifford Belcher argued the exceptions for the
defendant.
Whitcomb for plaintiff.
Henry A. Thompson VS.. James P. Dudley ct AL
Assumpst on a writing given by the defendants to
save the plaintiff harmless from Indebtedness of a
firm composed of plaintiff and the defendant Dudley
the firm name being Thompson & Dudley. Subse-
quent TO the writing judgment was rendered
against the plaintiff in Somerset county on note
signed Thompson. Dudley & Co. The plaintiff
claimed that this note was an indebtedness of the
late firm of Thompson & Dudley. The defendant
claimed that 1t was not partnership Indebtedness.
The plaintiff put in the entries of s. j. c., Somer
set county, to show the number and names of coun-
sci in defense.
The defendant filed exceptions because a copy of
the docket admitted in evidence at ALL and also
that if admissible il was not properly verified.
S. c. Belcher argued the exceptions for the defend
ant.
Whitcomb for the plaintiff.
Asbury Life Insurance Co. Augustus B. Warren ct
al Case on conpiracy to defraud the plaintiff COM
pany by procuring insurance the life of Serecta
Ann Warren when she was not in a condition to be
insurable October 8, 1873. She died December 2Sth
following, and the insurance paid to her brother,
DR.. A. b. Warren, to whom the policy ran. Some
time after her death Warren and Luther Curtis
convicted under an indictment for conspiracy to de-
fraud the plaintiff company. This civil action
instituted to recover the money paid, but jury
turned verdict for the defendants The plaintiffs
bring the here motion to set aside the YER
dict against evidence. The counsel agree that one
of the verdicts wrong but disagree as to which
one. Curtis recently died in Jail.
Voss of Bangor argued the motion for the plain
tiffs.=
Whtcomb for the defendants.
John b. Palmer, admr. OF George H. Palmer, VS..
Ontries r. Ullpert AsSumpslt Tor services and dis
bursements of deceased as a counselor-at-law for
the defendant in this suit as plaintiff in the suit
Charles F. Gilbert VS.. Kennedy Smitl-$2O
Admitted that George H. Palmer was counselor
at law, and that he paid the deputy sheriff and the
clerk of courts their official fees ON the writ The
writ was produced and the docket entries showed
that the case was entered by Palmer, answered pro
Sc continued two terms and then entered neither
party If, on this evidence, the action is maintaina-
be, it is to be defaulted for $50, otherwise non
suit is to be entered
s. G. Belcher for the plaintiff
Whitcomb for the defendant.
Lydia M. Holley VS.. lothian D. B. Young. Forci-
BILE entry and detainer. The title was in the plain
tiff. Defendant claimed under lease, the terms of
which had kept, and which had not expired.
The plaintiff offered to prove by paro evidence the
circumstances under which the lease was obtained,
for the purpose of showing that there was fraud
practiced upon her, but the court ruled that the
lease must speak for ITSELF and the evidence was not
admissible. The plaintiff excepted.
Whitcomb for the plaintiff, argued in support of
the exceptions, to be followed by S. G. Belcher for
the defendant,