Oxford Democrat. [volume] (Paris, Me.) 1833-1933, 1890-02-25
THE SUPREME COURT.
A BRIEF BUT BUSINESS SESSION AND
MANY CASES CONTINUED.

Monday the case az ". Webster Eth-
ridge VI. Matilda J. iiIiilari Was tried.
Parties reside In Bethel. Action on
promi.sory note for sioo, dated Nov.
-, iss,, given by Matilda J. billiard %
James Mayconneli. llerick Zoe plain
til; swasey Tor defendant.
Defence claimed that the note was
void. flrsi, because given upon sunday.
s~cond, becaase II was without valid
consideration. According to the testi-
mony for the defence. Matilda Ililllsrd
Dwell her brother samuel siOO. Nav
was away persuaded defendant tn slgn
this note, saying that he had letter
from her brother authorizing him la se-
cure her signature aud forward the note
"a samuel, who, II appeared, had given
no such authority. twas further claim
cd that Eihridgc. AZ the time ~ par-
chasing, knew II the fraudulent circum-
stances under which the note was oh
taiBci.
The plaintiff claime,l that although the
note was dated sunday, Il was executed
aud delivered "Wednesday: further, that
there was valid consideration. for Mr..
MayConnell had an inter,.t In a farm ~
which Mr.. and Mis. Ililliar,l owned the
remainder: they wished to ell aud give
warranicc decd. AMI promised o. give
Nsycunnell slvD IL he would sign the
dccl. Defence denic,i that Mayconnell
ever owned any part of the farm.
The Judge Instructed the Jury that u
they should flnd that the defendant had
giNsn IN. note Ia induce Mr.. Mayconnell
Ia slgu the deed. the plaintiff would D.
entitled Ia n verdict; otherwise, the de-
fcndani. The jury after being out bat a
short time, returned verdict Tor the
defendant.
The most complicated ease that has
gone before the court this term l. that
of James :. Lane ". John \. Twaddlc,
tried Tuesday. Counsel Tor plaintiff,
FRYE anl licrrick; defendant, swasey.
Judge fryc ope0ei Zoe the plalniif,
ani stated the action was Que called
troVcr, brought Ia r~coy-r the ,alne of
a horse which the plaintiff alleges the
defendant wrOngiully converted Ia hls
own use. Dr. rwsAdle Ia a physiclan
residing In Bethel. who buys. sells, aud
trades hor.cs considerably. Mr.. Lane
driVcs stsge from Bethsl 90 the "l.akr.."
and has had some dealing. Nth the doc
tor In obtaining horses Tor hls business.
Marvh 1T, iSS>, they sxChang~i horses,
lane obtaining Que call~l al. Arabian,
giving a Holmes note ot SO 'to boot.
Marvh sflh. lane bought the Poster
hor.c, giving q HOLMES note Tor sls5.
Ia short time be bought another. call
"a the Buckskin, giving lIolmss note
10 So. Soon after, b. found The Buck.
skin Nas unit for hls huslness, ani told
the doctor 80. .After q time. the latter
told him 90 take him hack and he did.
| The ncNt Transaction eas about a war
afterWArl. Whsn Mr.. lane tunnel over
Co tho doctor the Bennett mare which he
toll him Nas worth from slD Ia so;
aud little later the "Gycr.oh" horse
whlch b. ala va. worth ahoui s;s. Hut
no pric- va. agrcs,l upon. Then the
docior. by lane, direction. obtained
from Mr.. Sklllin.s, with whom lane has
/ dealings. a chcrk far so. ~ the doctor
continued a. prcs. Lane. the latter made
up HI accuunt, handed Il o. Mr.. Sklll.
. ings, and thsh be aud ~. doctor met
With Mf. SHILLING. for settlsmeni.
Coald not cf.C, Que. aud later the doctor
/ took the Arabian" from the stage and
/ le,l him away. was bs cutiilcl o. the
. lorssf
4. the ease Developed the dispute
seemed 60 o. ahou, the value 10 the
Z "Eyrrsan" ani "llsnn-tt" horses, and
the uoie Ia which u shoald - applied.
AZ Ia shich the 80 cheek. and 500 due
Ian. CA ac,uunt shoald b. applied and
about M. value ot the Poster mafv and
"guckskin" horse vhich were returned.
/ Nhout thcsc I-oints considerable e,iisnc"
vas introduced.
On the Arguments the counsel rr,isS-
~ al. sNidsnc- and sucylnCtly stated
their po.itious. Mr.. SNassy clalmci
that "a. tiil. o. the horse ARABIAN" had
nc,rr passed from the doctor To Lane,
that fair PRIV hal bcvn allowed for
the returned aud delivered hor.~.. that
lane had not specified o. which note IA"
value of the "IIenncti and Ryer.on"
horsr. and tn stG.S0 should D. applied
hn,l .o The doctor had a right a. iniors"
l.. b. did. and the "Afahian" n"t. ~
mainv,i unsatisfc,i.
Mr.. lIerrick claimed that fair value
had not b.-n allowed for The horsss ~
tufn-i aud delivered; that lane hal
.pcCih~i the note upon which BE- wished
his payment. Endorsed, Viz the Arabian,
ani that that note had Ia reality b--n
pal and the horss was Lanes al tbr
time IL the couNcfslon. further. II fair
price Nrfv allowed for tb- rvtume,i anil
delivered horses. the amogut ~ thi. anil
the $3.50 sOuld eNcecd thu amount Il
the ruiirv Indebtedness Ia Dr. TNadiie.
and 80 The horsc was paid for.
Tho Judge instructed the jury that u
they found, from the sNidsncc, that
plaintiff had paA the 'lNrahian" note,
then the horse VAS hi. and the verdict
must h. Tor him. the market value II GA"
horse AZ time 81 conversion. and inter-
-. II Il had not b-cn Tald, they must
hnd Zoe defendant.
The Jury returned verdict Tor de-
frudant. The Judge remarked that thi.
seemed - D. a defendants term.
Iglius'fadkins 90 Norway, In whose
h0u.c Ik.puiy sheriff Bas.~tt found n
l.uitlcs uf shi.key on Jan. lOth, ami Who
Nas Indicted by the grand Jury, va.
brought tsforr the coart Tuesday. Hut
as an Intent o. .sll va. not satisfactorily
prOVci. the Judge ordered ~ pr,ssegsi
IL D. entered and the prisoner discharg.
"a.
Hannibal q. BruWn q NJ ". !. Way
land kimhall. Til. WAS an action l.
tween two chair manufacturers % West
Paris, AMI had attracted considerable In
tsre.i In the community from the fact
that the plainiiff had causssi the defend
ant % b. arrested Ia this suit and held %
hail on the sum 81 $1,000. IN. action
grew out ~ the failure some two year.
ago IL the i. wayland himhall CO.,
corporation ~ which the defendant was
President aud general manager, aud was
an attempt 90 hold the defendant person.
ally responsible Tor CERTAIN no,c. 81 such
corporation. ON account 10 certain Alleg-
ed false statements with rgsri ca the
standing 80 said corporation. made by
the defendant Ia the plaintiffs. The case
vas quickly disposed ~ by the Judge.
Who sustained the poln, made by defend
ants attorneys that even II any such
statements had becn made. which was
denied, they would no, sustain this ac-
tlon. a. they were not In writing signed
by the defendant. The case goes To the
Law court as Ia the corccine.. 20 TIL.
ruling.
savage a Oake., John 4. sNasey,
james :. Wright; for plaiuiif.
George \. Wilson, symonds a Libby
for defendaui.
" this was the last cl,il ease, and no
criminal ones arr "a b. tried this term,
both iurics were discharged. The Judge
told them that lna.much a. their pay
was - small, the county owed them a
debt ~ gratitude foe the cheerful man.
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