The Portland daily press., 1881-10-17
snnreme Judicial Court.

OCTOBER TERM-DASFORTH, j., PRESIDING.
SATURDAY. Charles X. Milliken VS.. Cullen G.
Chapman This was an action of assumpslt upon
memorandum or due bill for Ss625, dated June
9Th. 1879 signed by the defendant. The defense
that the due bill was given Tor notes signed oy
the treasurer of the Dennison Paper Company, pay
able to the treasurer's order and by hlD endorsed
which the defendant sas indu ed 70 iurchase o.
plaintiff by the false ana fraudulent representa-
tons and concealment of material facts py the
plaintiff as to the financial condition or tue faper
Compa y. The facts are SUBSTANTIALLY bhese; IN
1879 the plaintiff WAS ssee of the pulp mills OF
the Forest Fibre Company of Berlin, n. H. when
turned ont about nine Thousand dollars W run OF
pulp monthly the large part If which was SOLD on
[rr.fif "a the Denpison Ps De Company of Mechanic
lis. Mr. Miiiken testified that there was al no
time clean settlement between them but men
ever he wanted funds he sent to y Dennlson, the
treasurer who responded by sending the companys
notes for a round sum; that come OF these notes ne
solo 10 brokers, and some he dorsed ana mao us
ouuted al the bank; that be ween November 1918,
ard march, 1879, he sold Chapman about ten
thousand dollars worth of notes at rates OF discount
varying from ten fifteen Ter cent. In March,
chsrmsn no,ified him that he did not want any
more of the paper. About the 18th or l3th OF June
he met Chapm ans clerk on the street. who asked
him vhy he didn't bring Mr.. hapman some more
OF that pa err that after he received some more
notes OF Dennison, offered them to MT chapman
for nine per cent, which offe Chapman declined
aud he took them TO the bank for discount, making
about nine thousand dollars of the company pa
per he then had under discount
Mr. Milliken testified that on the 9th OF june,
the date OF the transaction il question: while on bis
way from the Gen House to Portland, he ACCIDENT
lv met Adna G. Dennison the treasurer OF the COM
uanv on the train between Mechanic Fails ana
Danville Juncti n; ha but f. W moments CONVEX
sztion with him about stock and business matters
generally and asked him to come into the store OF
" q r. MiIlfken on mis- arrival at Portland ana
give him some ties. which he did to the amount OF
S47Ou. did not zee Dennison after the TRAIT
left Danyile junction until he came into the store
/ was then intending to return TO the Glen
that afternoon the way of the CgdenspArg. 1
went with The notes immediately 10 Nit. Chapmans
ofncr as l wanted the m new. 1t was then apou1
half mast one O'Clock. hapman made me an oHer
for the notes, which declined, but tod MN
would take $3o25, which was nearly II per cent
6iscount lie accepted the offer, turned to his safe,
sid his cashier or booKkeeper had left taking the
lev and be had no check book. told him IL didn',
make any difference he could give me que phi a
could hand Il in the next day. he gave me the que
bin in suit. Nothing was said about the financial
condition Of the comp ns as he knew as much
about III It IS did. did not go back to the Glen
that day as business kept me here; did not near OF
the failure of the Deunison Paper Company until
the next day, when hear that tnelr Hoto loI = .,
100 went TO protest the day before.
Mr. Adna 6. Dennison, Treasurer of the company
testified thai the meeting with Mi ken on the tram
~ acci tentai: that MiiIiken asked him as usual
how business was aud he told him the company Was
getting along wei as usual win the exception
that Parsons of New York, the selling agent Tor the
nompany had been at Mechanic Falls, and they hal
asked b m for an advance of $1,000 to carry them
through the remainder OF June, ana Parsons had
ssreed TO advance If A. T. Dennison the manager,
was satisfied that they could make II up The next
month; that on his arrival at Portland he Went TO
Mitikens store, gave the note as requestea 70 an
amount more than enough to pay the balance OF ac-
count but not more than enough to cover the pup
then on the way. He the started up town 10 pay
the note maturing that day, which he expected 10
do Out OF the advance BY Parsons. On the way he
met his son, A. L. Dennfson who informed MIN tnaI
Parsons had no only refused TO advance Inc SSOUU
hut ha.f sent for record mortgage Tor = OO,ouO
held bv him on the property at Mechanic Falls Mr..
Dennson could not pay the note anu it went to pro-
test .e, -
weeks prior 10 the 9th of june Milliken brought
him sumo of the DennisOn paper on four months,
which he declined TO purchase, ON the ground that
ali he paper Nil iken had been uiscoanting would
fall due before 1t matured, and he dld not want 10
taEe ruch risk.
IN tie 9th of June alb ut 20 minutes past one,
Nilliken came INTO my Office in great haste and
aeked Il i would ike some short pap r OF the zen
nison Paper Company. My SUSPECT ms were az once
excitsd for l had never seen any short paper OF
their / noticed the notes were dated that day
and the ink was fre-h. / said TO him. Il supp sc
saw Dennis n aud got these notes" tie answered
that he came straight from the Grand Trunk depot
70 nv office and he in great hurry for he
wanted TO go BAGS that Afternoon lie sali mat
bis pu-iness was com ng ON the Glen and nt was
disposed to sell this paper. he AID ne was Doing
business With the company aud Anew ABOUT tnehi,
exp ct..d 20 co{business ri ht along with them d
he would sell them ten or twenty thous ana dollars
werth Of goods the next day II they wanted III tnat
the company far tn ii fin incial standing VAS
concerned was unchanged. He did not tell me that
A, Q. Den isOn was ia the city or taAt Parso1s q
been ssk ed for an advance. he face of lhs notes
bought am united to $500 and gave him my 'iue
bill Tor $3.50. did not come down that after
noon and did not get down until late The next mof-
ins when learned that he due bill had been pre-
seiltod twice hat morning my office for payment.
IJron inqui " learned of the failure of The com
psuy the day be ore and imnedi It ly notified MIR
kiiiken that should refuse 20 pay the due bill aue
the notes were at bis dispos Al.
There wa no question made but that there was 8
RECESSION OF the sale if the defendant had the righ
20 resciud.
The Court, after explaining to the jury very fully
as to what is necess4 to Constitute such frandu
lent representa- ions as would relieve the defend
ant from the contract If sale, ms ructea them ha
the burden o. prof on the de endant 10 sat
isfy them by preponderance of evidence that the
due bill was obtained from him by the false aile
frsudu Mt representations of the piaintlf that lh'
REPRESENTATIONS were as ~ mate ial facts and Ina
without hem he the defendant, would not hay'
puroha-ed the notes.
The jury after being out about two hours and I
half feturnea verdict for the plain iff for $4l23.
"a The defendant has filed d motion TOR new
trial ,
fury after being out eli ght hours failed to agree
W. L. Putnam for plaintiff
C. r. Libby and S. G. Strout Tor GefenuanI