Ellsworth American. [volume] (Ellsworth, Me.) 1855-current, 1878-06-27

IuNE lLAMl TERN. ISIS


HoN. CHAs. W. WALTON,
Hon. CHARLES DASroRTH,
HoN. ARTEMAs LIBBEY,
Hon. VIM. G. BARRows.
JAMES II. BURGESS. Clerk.
J. ID. PULsIFER. Reporter.
PKxoPsCoT CASE.
Friday, June 81.
No. 1884, state OF Maine vs.. Dexter 4 New
port Railroad Company. ON report. Debt
for taxes under act OF 1874. SIiss.0.
The defendants say that their charter and the
act OF March I. 1876. c. S9S, private and spec
is laws OF that yesr, exempt them from taxa
ton The plaintiffs say. we make distinc-
ton. tax may be upon the franchise Of =
corporation or upon the shares OF corporation
stock. In one case the indiy idual share holders
would be liable. In others not. The act Of 1851
exempts the shares Of capital stock. The set
Of ls'4 provides for tax upon the corpora
tons franchise.
The defendants say, q good distinction and
10 be assessed upon the whole. in the one case
OF upon the individual in their respective To-
calit,es IN another case. But q distinction Is
not TO be allowed which Nil. the spirit Of the
contract. though Il does not violste the letter.
The plaintiffs say, again, your act OF 1851 Is
limited by the act OF 1881 which makes all acts
Of ineorpor stious liable TO be amended. altered
or repealed at the pleasure Of the Legislature.
And the set Of 1857 was virtually repealed by
the set Of 1874.
The defendants say, uuc. the sct OF 1881 so
provides but the act oil 1861 was mol an sci OF
incorporation. 1t was an act passed long aft
er the incorporation and was . contract and
could not be repe aled by the act Of 1874.
l.. A. Emery. Attorney General, for State.
J. Crosby for Railroad.
No. Ia VIM. c. Crosby vs.. Erastus Red
man et 81.
Tilden ct ais, Debt on q poor debtor bond.
The defendants coDtended that this was not
n statute bond and that actual damages only
could be recovered. The presiding Justice
ruled pro fOrmG. kbat II was = statute bond
and the defendants excepted. The point IL
missed on the approval which Is Ia this form
II approve the above sureties. L. j. Abbott,
for creditor" The statute provide. that the
approval shall be by justice OF the peace or
by the creditor:
The plaintiffs attorney says. q,f facit PER
olism. fact per sc. bad = right a. the at
torney Of the creditor to approve the bond for
him. and the court knows / am an attorney.
The defendants attorney says. true but i,
does not appear that you approved "a. a,ior-
ney.-
L. A. Emery arg3ed In favor OF the cxcep-
tons.
&. J. Abbott, confrd
No. A.-Darwin T.. Ware vs. Bueksport &
Bangor Railroad Co. Ncire fdcids against
the defendants. as trustees who refused to pay
over on Judgment in favor OF Benjamin T.
Ware and al, assigned to this plaintiff. The
defendant demurred on the ground that in such
case scire fGcids, could not be maintained in
the nam. OF an assignee
fiainiif.-Irue. by the common law !, could
Dot, on: we have two statutes in aid, e. rs Of
1874 and {. l0s of ls16.
Defesdant.- Neither Of the statutes meet
your case. Under the frst only original sciiou
can be brought. and sc.re fdcids, although in
some cases sn original action 4, not, when
brought A. IN this case against q trustee. 1t &.
then 4 Judicial writ. a step In a case already
commynced sud not original writ. The
second statute allows scire jdcaas la case OF
failure Of levy. not this case
I. W. Vose for plaintiff.
l.. A. Emery for defendants.
No. S,.-W lillian Z. Getchc ", jaime. c.
Hartman. An action Of debt brought on a
violation OF chap. 359 Of 1916 for preventing
the destruction of alewiyes In the Eastern
fenobseoi River.
Defense.-True we caught fish in long net
in that branch of the river, aud Temporarily
obs,rueted, the passage OF some h.h down the
river. besides those We caught Fish are pre-
served for the sake OF being caugh, as food Tor
man. Besides this place was above the lock
through whic' the fish mast pass 20 &c, TO the
pond II ~ cEl Ge sac, 10 which the law
does not a
Plaintiff llausible, but the iish nearly
all take TO l. de sac and ind the lock on
their return, AID II destroyed in the chl ID sac
all the damage IS done which the law prohibits.
ITO prevent in the statute does not mean to
stop absolutely, but 10 essentially hinder.
q. L. Cunningham l.. A. Emery.
No. 81. James T. Farrell w. Reuben q:
Durgan. Assumpsit by the indorsee Of a
promissory note signed By the defc ndani. Ou
the back of the note WIS q certificate Of the
defendants ownership OF property real and
personal, signed by him.
The defense was fraud 10 the sale Of the
goods for which the note was gwen.
The Plaintiff says am an innocent indorsee
without actual or constructive notice Of fraud
lriendAnt-rhe certificate was constructive
notice. sofhc,eIt 10 put you on your quart |
oher to prove the fraud and my offered ,es;i-
nony must be considered - In. You have DO
proof that you paid anything for the note and
must fail on the statement 81 The case ~ made
up.
l. A. Emery for The plaintiff.
n. -: h.dlock Tor the defendant
no ~. Freeman W. Narnsy vs.. Nathaniel
A. Halves
l. A. Emery. c. J. Abbott.
No. II. John A. Buck vs.. Merchants. Nut
ual Marine Insurance Company Of Bangor.
Action 70 recover dividend on the consoli-
dated scrip Of said COMPANY No. se1 for SOD;
3uo per cent dividend; 600.
January 10, lsl2 the company voted to rec
Commend 70 the trustees 10 divide tlT7 900 TO
holders Of consolidated scrip. IL being 200 per
cent They also adopted . form Of rereip, for
each member 10 sign on reeep; Of the amount.
On The same day the receipt VAS spread on
the books Of the COMPANY, IN which reosip, /,
appears that the payment OF the dividend lis
in accordance with . vote OF the Trustees Of
sAid Company made January Is. Is.2." and on
that day J. b. Foster the President took And
signed of for fs3, CO., his dividend and within
few days thereafter every holder OF scrip wa,
paid but this plaintiff, SlI7,O having been
paid out and signed or
The President refused to pay the plaintiff for
the reason as be says thA; he thinks the plain:i.
sought TO pay back something heretofore n,id
by the Company on a risk taken by him. and in
this suit the Company have filed an aceoun, in
set OF for each claim
The plaintiff says, yes l owe YOU nothing
and WAS ready TO Try that question 10 the iury'
but YOU became SATISFIED Snu co,,S na, M y
tain your claim and re.or,ed To The sbarp noin,
viz: .Our Trustees never voted TO paw that