Oxford Democrat. [volume] (Paris, Me.) 1833-1933, 1889-10-22
SUPREME JUDICIAL COURT.
OcronnR 'rnnN. lsse.

NINA =. POWERS, StenOgrapher.
q. VI. woHMrLL, sheriff.
II. T.. IIAnMo>p, Deputy as Cricr.
". \. BARrows, Messenger.
CHANDLER OAKLAND, Jsiler.
fIRsr JURY.
las. T.. iowkrr, Woodstock, Foreman.
Brinsley l.. Akcrs, And0,er.
John .. brown, Upton.
Wilson q. nrown, Lowell.
Oscar q. Chandler, sumner.
George ". Cole, Jr., Paris.
bradford Cole, llrownhcld.
Jacob 4. Curtis. Greenwood. excused.
Harrison farrsr. Paris.
VIM. T.. Tarwell, Bethel.
solomon II. Cannon, Hartford.
H. q. Grccne, Hiram.
srCoNp JuRN.
u. ;. sanborn, Norway, Foreman.
T.. II. shaw, ncthel.
Wallace ". Hose, Canton.
Almon y. Pingrre. Denmark.
Cassiu. ". Pikc, fryeburg.
Frank Packard, Hebron.
Horace Hutchinson, Mason.
Herbert I. Holt, Norway.
George ~. llusscy, Peru.
james :. llutchlns. Numfori.
John III. SeaNry, stow.
addison Milictt. Waterford.
srrTHNuNIRARIIs.
James n. Young. Buckheld.
Newton :. Stowell, DiNfeld.
Albert William, oxford.
Mr.. withsm took the place IL Mr..
curtis ON the flr.i panel.
\ ease which has hccn pending fnr
some time was finally DECIDED At thls
court. " the February term, lsSs. a
Petition for partition ~ certain lands In
llumford. II which Mrs. Hannah y.
fsrnum WAS a tenant in common, va.
died aud Mcs-rs. Waldo rcttingill. V. u.
klmhall aud 4. !. knight were appolnt-
~ a. commissioners, aud made their ~
port At the MAY term following. 1t thu.
term =. :. Wright, Esq., Tor Mr.. Colby,
thu other tenant In common. flcl oh
icctlons 90 thu acceptance 80 the rrpor,
aud moVcsl that u b. rccommltted. II
Wa claimc,i that there werv infornali-
tie. Ia the rrturn II the justice Ia whom
the commissioners made oath. aud that
the commissioner. had not made partl.
ton IN accoritnc. with the warrant hy
which they should have becu governed.
The Judge allowed the r-port to H.
amended according o. fact II done IN
opsu court. Nnd ss Mr.. Colby had
hem notified bat fsile,i to appear whrn
partition was made. Il sas her fault II
injustice had unNiitlugly i-cn done.
AMI the couri held that the decision II
the commissioners was hnal. unless
fraud could D. shown. With the cor-
rCtions which the count allowed the ~
port stoN,i As made.
Ca Tue.,iat thc count reached The ease
on the trial lisi ~ Ciark's Cove Guano
90. ". Harrison futile, llersey council
for the plaintiff. Swassy Tor ~. defend.
ant. This l. c,.e ~ considerable inter.
-st a. farmer.. Involving a. u do"., 4
question which may afiss IN the expert.
rucr 20 any Who nise SWEET corn for
packing. The sult Nas brought on an
acrount annrN,,i a. the writ for So for
one ton ~ sut~rpho.phatr. The clrcum.
stsnc. briefly narrated arr thee;
! IN M. spring ~ i~>s. Mr.. Daniel H.
miil-. with other farmers ~ Buckhrld
.lensi u contract a. plant cvrtain five
aCfv field With sweet corn. a. h. deliver
"a AZ the factory ~ which VIZ. Henry
Nulty va superintendent. within twelve
hours after nuticr. anil soonsr II pnctic-
able Mr. Nuliy ga his part WAS to fur
Nth The EarlV Irushy corn for sc-,l. 4
kini especially valuable a. Maine farm
crs is~eiu.s u MATURE. early. Mr. Tut
de- bought ~ Mr. Nultv. Who was alsu
agent Tor the Glark's Cove suano Co.,
one ton ~ supeu,hosphaic. Tho plain.
| tif claims that the suTrrpliosphair va.
never paid fuf. which l. not d.ni',i. that
the corn Was very Icar, aud half ~ u N
least not good fnr ANYTHING; that tNic'
after The hrsi frnsi b. ordered Mr.. Tut
ile to bring Ia his corn as ss-on as h.
could 60 saVr himself. ani that VIZ. Tut
tl- took no nntic. 81 such ouier. that
then thrfv came a heavy frost which la
luu.i 10. corn aud made u unit fof
packing. and fAfa u. vplsrci Mr.. Tutils
not o. hrinc lu hi corn. Tho plaintiff
claims further that thc ale ~ tho super
phosphate Was no, = part ~ the contract
with Mr.. Tuttle fof hi corn, AMI pay
meui Was mcrrly deferred until the corn-
packing s~a.on and not conditioned up-
GOA raislng any ~'ru.
The defendant claim. that ther- was a
special contract: that Mr.. Nulty -old
him the sup~rphosphaie ani "a. 90 take
/ hi. paN la corn o. D. RAISED that year,
and u none Wcrs RAISED the defendant
was not o. pay Tor u. providing, II
course. a. took reasonable care ~ the
corn that Mr.. Nulty Nss "a furnish ths
EarlN Crushy fOr sessl ani furnished
that Kind for only half thu pie,v that
thi. half WAS an average plec- AMI ready
Tor canning week surely heforr the
heavy frost that Mr.. Nulty WI. kept
Informed a. a. the condition ~ the corn
and ,rt did not order u delivered until
Friday morning before the third fru.t ou
Friday night. when BE- ordered u brought
Ia next Monday morning. saturday az
ter The frpst hc couuternanded the or
der therefore phlniifi Was al fault, a.
defendant had bs.n ready Ia deliver. and
should lo.e paw for the superpho-phaie
which va. "a De- paid for In coru.
Judge Poster. la hl. charge to the jury.
thoroughly analyE-l the ease aud clear
Ia stated the disputed natter. ~ fact
upOn which they werr tO decide. Wa.
thsrr q .p.Cial contract a. defendant
claimed. bV the terms ~ which the
superphosphate was to b. paid for In
corn or not at all. or WAS the contract
with Mr.. Tuitle the same A. that entered
into hy Mr.. Nulty with the other farm
ers, la which ease the .urerphosphaie
was furnished az matter Of convenience
90 Mr.. futile. and, az was customary,
payment merely deferred until the corn
packing season. The Judge Instructed
the jury that In the absence ~ such
special contract the duty ~ the defend
ant Wa o. deliver the corn. nc any time
during the corn packing season when II
was ready. whether ordered a. deliver II
or not. and Mr.. Nulty WAS bound Ia ac-
cepi IL: unless the defendant was pre-
vented from such delivery by Mr.. Nulty.
Was be reasonably authorized to believe
that the corn would not be- accepted n
deliyereds N not, defendant VA. bound
o. deliver. Plaintiff claim. that h.
never caused defendant "a neglect his
duty. bat on the contrary twice gave
notice for delivery. Defendant denie.
this. What i the facti
The jury disagreed. They believed
there was special contract hut were not
agreed as to whether or not Mr.. futile
succeeded In proving In count that there
was NJ any time sufficient marketable
corn Ia pay for the superphosphate.
Another quite interesting ease was an
action ~ repleyin brought by George
n. Iadd ". iaoml 4. Thomas, both ~
RoNburv, To recover certain COW aud
heller alleged to have been wrongfully
taken from Mr.. I.add by the saih Thomas.
II seems that some time the last of Nav
~ 0r.F % Inn. AZ I aHH ..tas, la tknrl