Ellsworth American. [volume] (Ellsworth, Me.) 1855-current, 1885-10-22
Sup. Jud. Court-0ct. Term. 1885.
ENoCu FOSTER. Justice Presiding.
OFFICERS OF Iur CDI-RT

ENuCu FOSTER. Justice Presiding.
OFFICERS OF THE COURT.
II. II. SAUNDERS. Clerk.
-. r. FELLOWS. County Attorney.
EDWARD X. MILLIKEN, Stenographer.
u. l.. FIELDS. sheriff
October Il. The fir.t case opened 10 the
Jury. the second dav OF the term was that Of
Pcaiiah Moore Edmund y. Foss. Action
OF as>ump>t on account annexed for groceries
had and received. amounting 10 s25, 81 and
note for Sajl9. in all amounting to S2>a 30
Defendant filed an account In set of amount
Ing 10 s.ii2 and plaintiffs note to one Carrie
c. fos> for sll6.a1. upon which certain
dor>cmcni. had been made. claimed that no
assignment Of the item To the plaintiff OF s25.-
70. furnished by hi brother had been flied in
th> action ant. that he wa. not therefore,
liable on said item. lie further claimed and put
III evidence receipt for s49.23. signed by the
plaintiff. covering part Of the good. sued for.
and further alleged that the plaintiff did not
sell and deliver the whole Of the goods charged
upon the balance Of the account portion Of
them, the plaintiff testified being delivered
by his wife or daughter, which portion how
ever he unable TO testify The ury re-
turned verdict OF mo balance due either
party
button for plf Wiswel 4 King for def.
William Conary. Apprt Isaac Colt.
Action on an account annexed, the account
being for working a;3 yar,i- Of duck AT Is
ccni>. December %, ls7>, sil.ai. together
with certain credits to be deducted for Old sail
returned and new duck not used, leaving a
balance Of s;3l2. The plaintiff being allowed
10 amend hi writ. il not having appeared from
the testimony Of the plaintiff that the defendant
had performed said labor for the plaintiff,
amended By adding common count for money
paid out and expended. The plaintiff under
that count claimed 10 recover for certain sums
Of money which "a he said.he was Obliged 10 eN-
pend on account OF certain schooner which
had been sold by the defendant 10 himself
which in equity and good conscience he claim
ed should be repaid TO him by the defendant.
The defendant alleged that he Wa not charge
able for debts OF said schooner at the time OF
the sale laid debts l.eing included In the pur-
chase by the plaintiff part OF the consider
alton of the purchase. This comes in under
sailing her on shares. Verdict Of s37Ia in
favor OF the plalntif.,he jury being out
twelve hours.
IL A. Trip for Pin. Sowle for def.
Thursday. October II. Robert b. Carter
and Mary A. Carter John Harden. Action
on the for deceit. The plaintiff wife
claims 10 recover for injuries received by the
running away Of a horse sold 10 her husband
by the defendant. ba>ng her claim upon al
legged fraudulent representations as to the char
aeter OF the horse, made by the defendant to
her husband
The defense wa. that no false representations
a. 10 the horse wers made by the defendant
and further that the wife could not claim IN
der priyity Of contract, since the alleged re-
presentations, If made, were made TO her
husband and not TO her.
After the testimony was drawn out the case
WAS withdrawn from the jury and marked
law on report. II the full court |, OF opinion
that the plaintiff Is entitled 10 prevail the
question Of damages 10 be settled at nisi prius
Sowie for pin. Dutton for def.
II. b. Mason ct al. Alexander Martin
Action Of assumpsit upon an account an
neNed for labor in saving 5. $50 feet Of lumber
at s2.75 per thousand, amounting TO Sl59I1
/ The defendant claims that the plaintiff con-
verified the lumber TO hi own Use and that he
never expressly or implicitly authorized him
/ 10 perform the labor.
/ Dutton for plf. Wiswell i King for deft