The Republican journal., 1886-04-29
Supreme Judicial Court,

JOHN A. PETERS, c. j., PRESIDING.
Henry F. Hawkins VS.. Inhabitants of Northport
This case was on when the Journal went to press
last week and occupied the time of the court until
five O'Clock Saturday afternoon when it went to
the jury. 1t was an action to recover for services
in building what is known as the Bluff road, or the
new road from the Campground to Saturday Cove,
a distance of three miles. Mr.. Hawkins by CON
tract agreed to build the road for 81 100, and
to have extra compensation for extra labor. A
provision of the contract that in case of dis
agreement between Mr.. Hawkins and the town the
matter to be left to one of the county commits
sioncrs the contractor to have his choice, the ref
erees decision to be binding. On the completion of
the road T. A. Dickey, the town agent refused to
accept it, claiming that it was not up to specified
tons. The matter referred to |. b. Thompson
of Montvile, county commissioner. Mr. Thompson
virtually agreed with Mr.. Dickey, awarding to Mr.
Hawkins $1,000 on his contract and 9I75 for extra
work Mr.. Hawkins bill for extra was $3t1. The
pin. refused to accept and brought the present suit
to recover, making out bill for days work amount
ing to 1852. PHI alleges that the county commits
sioner was called upon to decide whether on not
the road built according to contract, not to
say what he should have for building it. Deft's
deny and say the commissioner was to make the
award as to compensation. PIN. claimed there
no written contract but d bond contained Ger
tain specifications. The court ruled that the bond
a contract The case was well managed by
Fogler and Williamson for the pin and Thompson
& punton for the town. Verdict for pin in the
sum Of $533.93. Hawkins Hal already received
$1,000, Motion for Il Trial.
James NJ Treat, of Stockton, ". Ransom Abbott
Il ais. Belfast Action to recover $500 on bond
given PHI, by deft. some time ago pff. was 4uc3
by James u. Mathews for catching salmon at Cape
Jellison, the court holding that Mathews had pN
elusive right to catch fish On the shore. Treat
bought his land of Abbott who gavc him Il war
rantcc deed. Treat then went to Abbott and pro
cured from him bond to cover what Matthews re
| covered for him, claiming that Abbott Was hound
to hold him (Treat harmless. Abbott then HIcd Il
bill in equity to cancel the bond, claiming that il
was obtained through fraud. rhe court sustained
Treat. In the present action the dyft, set up the
same claim Of Fraud ana claimcd tlat he had ad
ditional evidence in regard to the boundary line Of
land at Cape .Jellisou. The court ruled that the
claim of fraud had once been passed upon aud
could not be used in this action. The ease goes Ia
| law court ON report. Thompson & Dunton for pln
| Williamson for dcft.
|
Arthur l.. Bur,iin vs. Seldeu II. Hook, Sear-lnont
parties. Action of forciblc entry and etainer to
recover possession of house. The pIA. says that
deft. lives in his house Of which he wishes to gct
possession pe''' says the h'o7t docs not hei"hs
70 pun put TO fhc hcirS OF inc la'e Woodbury. i"ok
I'm says tht ""'dhlY HOOK was ms ~"h-in law
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Searsport An action to recover for money had An,
received, In 1883 PIN hauled to scarsport i cord
of wood and lap.Ird it On Lanes wharf nrft ,,.
shipping wood to RockIand, and the captain of tn,
vessel by mistake loaded ON pins wood. Deft
said he would sell it and pay plr for same Ahou
claims there not Il cords in the lot that wha
he took away measured cords and feet, whcl
:! sauIrd o,u uooM OF o,uolouH, oUL 'JoJ l4rd Of
SLIP Verdict fordcft. Fogler for PIN. RunnclI
| for deft.
| A. J. stevens IS. Charlotte &. Rankin, Bclfas
| parties An action iii regard To disputed bound
| airy me between lands owned by ting parties
i'eil' owns whole at lot 10 IN range l. Pm own
ph1"i No. H. beit. mas always been IN possession
OF the disputed territory in all about W acres
'h tflai. Thompson bHht"n for PIN. William
SON ter deIt.