The Portland daily press., 1888-12-14

The following decisions with rescripts by Chief
Justice Peters have been received by the Clerk of
SOMERSET COUNTY.
Samuel Bunker vs. Joseph Gordon ct al.
Rescript-The plaintiff and defendants claim
the demanded premises under the same person,
Warren Hardy, the plaintiff by leyies against
him, and the defendants by mortgage from him.
The levies were made after, but recorded BEFORE
the mortgage was. The demandant had actual
notice OF the mortgage before he attached through
information to his attorney, communicated by
preseLce Of the attorney. Held, that the burden
Is on the plaintiff to show that bis proceedings
reason why they should not exists.
The attorney testifes that he told the plaintiff
That Hardy had sworn that such a mortgage
rested on the premises, and that he (witness) had
examined the records aud found no mortgage, and
that he did not believe there was any, and he
and that he told the plainii So and that he could
not md there was any, and concluded there was
Held, that, on this evidence the effect of the
notice Is not expla ned away. The evidence is
too indefinite and uncertain for that purpose.
Plaintiff nonsuit.
FRANKLIN COUNTY.
Thomas Crosweil ct al. vs. Isaac ID. Labree
RescTipt The unauthorized alteration of a
note payable ito order" by inserting after those
words '.or bearer" will not vitiate the note if
but the burden Of proof will rest the holder to
show that the act was done innocently.
CHANGES an the con,rsc maea IN mat i
the note.
Exceptions sustained
SOMERSET COUNTY.
Florence l.. Thompson VS.. Sebasticook & Moose
head Railroad Co.
Rescript-It Is not ground Of exception that
admissible testimony was excluded at one stage
OF trial, II The witness from whom the testimony
was TO be elected at another stage of the trial al
forwards Iestlhes fully in relation TO the matter
inquired about
On the trial OF complaint against a railroad
corporation for damages caused to complainant's
land by the location of their railroad it, it is
corr CT TO instruct the jury TO take into consider
ation In order to ascertain the value of the land
at the time Of taking, any permanent injury occa,
stoned by the rightful location of another railroad
manent and rightfu distractions on the land
might impair its value, while any wrongful OF
temporary occupation might not.
Exceptions overruled.
CUMBERLAND COUNTY.
International Express Co. VS.. Grand Trunk
Rescrfpt-There is marked distinction, recog-
nized by the statutes and judicial decisions, be-
tween the general business of expr, IS companies
ana that OF railroad companies.
Foreign express companies are entitled equally
with domestic express companies, 10 the facilities
OF transportation over our railroads by virtue of
the statute which extends equal pr0tec ion ITO all
persons engaged In the business" within the
Where a defense is set up to bill in equity
which seeks to require a railroad corporation to
transport over its road the freight # an express
company that the railroad is itself doing all ex-
press business over its road, the burden Is the
railroad corporation 10 show that it Is actually en-
gagged In doing such business to the exclusion of
all other persons and companies alike.
Bill sustained with costs The Injunction 10
stand, unless. on motion to dissolve, it appear
that new state of facts exists which would make
Unreasonable to dissolve or qualify the same.