The Portland daily press., 1881-01-04
Sunrenaa Judicial Court.

The following decisions and rescripts were receiv-
ed at the Clerks Office yesterday from the law
court:
ASDIoscoGGIN COUNTY.
John Read VS.. George T. Hitchings. Exceptions
: Pescript by Peters, 1.-THE defendant, having a
contract for railroad construction, let portion of
the work to the plaintiff The plaintiff claimed for
extra work. Hc gave the defendant receipt in
full In consideration of defendants promise to pay
him for the extra work should he succeed in getting
icndant did collect portion of the claim of the
company, and thus became legally liable to the
plaintiff for the sum collected. The compromise of
claim. understood by the parties to be doubtful,
the nature and extent of which they are fully ap-
prised, is sufficient consideration to uphold an
agreement If the claim is honestly made and settled
in good faith even though it turns that novald
claim ever existed. Otherwise; if the claim is ut
terly without foundation and known to be so, or if
in its nature an Illegal claim. The doctrine how
ever should be applied with caution, as impostions
easily practiced in this way. In settling with
tho railroad company for various claims, including
that for the plaintiffs extra work, amounting to
$4,000. the defendant received, by way of COM
pensation S25, 900 for lump settlement in full
The presumption is that he received much pro
rata ON the plaintiffs claim as upon any of the
claims thus settled. The presumption is not re-
moved oy showing that the plaintiffs claim was not
valid claim and that some other Of the claims
SO Purington vs. Security Life Insurance & An
nuity Co. Exceptions overruled.
Aescript by Peters J.-Upon an agreement COM
mencing thus "This agreement made between
Fletcher g. Bonney of Boston, Superintendents of
New England Agencies for the Security Life Insur-
ance and Annuity Company of New York of the
first part. and stephen o. burlington of the second
part" and ending thus, "In witness whereof the
said parties have set their hands and seals.
John w. Fletcher, Supt. n. +. Agen. (seal),
Stephen o. Purington seal,
everything in the body OF the instrument being ap-
propriate TO an agreement with the company. and
inappropriate to an agreement with the agents of
the company, an action may be maintained by Pu-
rington against the company, if the agreement is
~ ~ no III.
ing i'm the name of but one of the superintendents is
salid execution, if the power conferred upon them
could be by one or both. The declaration alleges
that the instrument is the deed of the company.
The demurrer so admits Therefore if it can legally
he the company's deed, it is to be so regarded.
Inhabitants of Stetson VS.. County Commissioners
of Penobscot county. "Costs allowed upon the writ;
mol on the petition"
Rcscript-In certiorari to County Commissioners
costs may be allowed against the respondents, at
the discretion of the court but not, if they do not
oppose the proceedings. Costs i'll such case do not
Ebcnezer Sproul vs.. Eben F. Psbury. Excep-
tions overruled, writ and declarations adjudged
good.
Rescript-In declaration for publishing libel
Gus article in newspaper, it is not necessary to
aver that the publication was made to divers per
sons or TO any third person; it is enough to aver
that the libel was printed and published in news
paper.
CUMBERLAND COUNTY.
Samuel Snow VS.. Inhabitants of Brunswick. Plain
Rescript by Appleton, c. ,J.-No action is main
tainable bv the collector of taxes of school dis
tTict against the town for the issuing of warrant
of distress against him and the levying the
his goods by the treasurer of the town-the issuing
and enforcement of the same being the act Of tht
town treasurer and by his authority.
OXFORD COUNTY.
Henry /. VS.. Josiah W. Whitten. Defaulted fol
dollar damage.
Bescrpt by Appleton, c. 1.-The jailor is liab
for an escape if he permit a prisoner committed Il
Jail ON execution to go at large without giving {
bond approved as required by the statute, C. lib
The mere sending for bond not in accordance witt
the statute and It's retention without suit upon it
any action in regard to it is not waiver of it
want OF legal approval. The appearance OF tn
plaintiffs attorney on notice to disclose at tn
time and place appointed, but refusing to choose
Justice and protesting against the jurisdiction of til
magistrates and against discharge, is not a waive
of the escape, though he may examine the debtor
In escape the plaintiff is entitled to the damage
actually sustained.