The Portland daily press. [volume] (Portland, Me.) 1862-1921, 1889-12-30
SUPREME JUDICIAL COURT.

5ATURDAY.-The following decisions with re-
scripts by Judge Haskell, have been received in
eases pending before the law court for the West
CUMBERLAND COUNTY.
Laura j. Wescott VS.. John Wescott.
Rescript.-The parties had a fair trial. The case
pantf rendered e valuable Service for tie dee
le dant, for several years, and faithfully nlrsed
his wife for many months, while she langu>hed
understood that the service shou d not be graul.
tous. The wages charged are reasonable. The
verdict Is unimpeachable and must stand.
Motion ovenuled.
FRANKLIN COUNTY.
Isaac j. Jones VS.. Thsmas P. Wood.
Reseript.-The plaintiff. by reason of Illegal
capture, gained no property 10 the moose, aud,
thei efore, lost nothing by having 1t taken frsm
therefor by the jury were unauthorized by law.
These must be RENTED or new trial vii lie
granted.
500 within 30 days, which done motion aud ex-
ceptioDs are overruled.
SOMERSET COUNTY.
Richard Wood ct al VS.. Skowbegan Water Co
Rescrfpt.-The evidence in this case, covering
more than so octave pages, shows the following
facts:
1. That one S. c. Nudge had contract with
the Skowhegan Water Company. dated July 20.
1887, to construct the water works at Skowhegan,
2. That in November, 1857. the Water COMPANY
rs specified In its contract with Nudge to O inch
pipe, and that Nudge assented to the change ia
cost thereof.
8. That in April 1888, the pipe was shipped
on Mudges order TO defendant. VINO paid freight
water works material.
4. That Nudge laid all the inch pipe, but %
a ss Gat has dGs pant Or the
same.
V. That Nudge received from defendant, under
ht1 mfr anf
inch pipe, that were exchange for the six-inch
PIPE, and had the former shipped to Pennington,
Me-, to be used ON water works there that he had
VI That defendant company did not authorize
Nudge to purchase the sixinch pipe on its ere dit
nor has its conduct been such towards the plain.
Tins as 10 estop 1t from denying Mudge's author
iy to do so.
Moreover, Mudges letter to plaialffs on page
under the style OF National Water Works SIS ndi
cate" wherein he requests the slx-inch pipe sent,
lDforms them: We propose to construct no less
than four water works systems in the following
rilvile, R. l., andIBradford Mass. We also need
$500 ieet six-ieet pipe for skowhegan, Me- :
Now all this PIPE y wanted At The earliest
Immediately. Information from which plaintiffs
must have known that "Mudge's syndicate were
not agents for anybody but principals themselves
Judgment for defendant.
YORK COUNTY.
Horace Fitzpatrick vs.. Stephen l.. Kicker, plain
till.
Rescript.-The irregularity of not paying the
tender into court was cured before the plaintiff
made objection. The money so paid in, became
The property of the plaintiff; and as the jury
found it was reasonable and sufficient tender,
and the evidence fully sustains tnat finding the
motion and exceptions must be overruled.
Motion and exceptions overruled.
KNOX COUNTY.
City OF Rockland VS.. the Rockland Water CON-
pany.
Rescript.-The defense is generalization and
cannot be set up in suit to recover the tax.
Cities under Revised Statutes chapter 9, sec
tons 100 and 121, must determine, at the time
wien the money is raise and not afterwards.
when their taxes shall become payable and what
rate of interest thereafter shall accrue The
plaintiff may have judgment for the tax, with in
terest only after the date OF the writ.
Judgment for plaintiff for the tax only, 1915,
with interest from da of writ