The Somerset reporter., 1891-01-08
Somerset 8. j Court.
DECEMBER TERM, 1890.

WuITFIoCsE j. PRESIDING
N. W. BRAiSEnp, Clerk.
+. W. HovrY, County Attorney.
STANLEY j. Estes, Stenographer.
G. II. PfsHoS, Sheriff.
| j. II. Mitchell, Lyman Grant, c. L. Yea
zie, Emery Written, II. b. Russell, Deputies.
| Chas. Fairbrother, Messenger.
| Thursday, Jan, l.-Wm. X. Laneey ct
al v. Elias Milliken ct al.
Assumpsit on account annexed to recov
er balance of account OF $1,000. Date
of Writ Dec 2, 1874.
Pesdings general issue. Statutes OF
limitations End no partnership between
Dcfts.
This action was entered at tt Decem
Der ERIN 1874 by J b. Peaks, Atty. for
Pits. PHI. WIN. X. Lancey claims bal
ance due for lumber and other Items sold
and delivered to Defts. from 1868 to 1874
The action Is No. on the present Tria
Docket.
TIE PHI Lancey testiaes that the lum-
Der and other Items charged were furnish
ed to the Defts. during the co-partn, rshir
OF himself and the late Gen Franklin
Smith of Waterville, who WAS living whef
this suit was commenced.
After long examination of the p Fl
Laucey ON the witness stand and the cx
animation of several other witQesses on
the side of the PHI the parties Effected 8
settlement and the action was entered
''neither party"
Attys. Hackett & Brown.
Webb, johnson & Webb.
Friday, Jan Frank S. Cairns ct a
w. Mrs NJ L. Parker.
| Writ dated July 3, 1890, to recover bill
| for groceries delivered to Geo. z. Lower
which Plffs. claim that the Deft. agreed
to pay.
Pleadings goneral Issue and brief
statement relyi&g on statutes Of frauds.
The items charged 10 bill annexed to
writ were from Fehy. "a to May "a, 1890
and aggregated slO4, the sum sued for
In this action.
Plffs. testify that Deft. about Feby.
1890 asked to have Mr.. Lowers bill for
groceries continued and that she worl |
pay ell articles dt livered after that date.
flffs. could not fix exact date.
| In defer Sc Deft. denied that she agreed
to pay bill as testified BY Pits. and denied
having any conversation with MIR. Cairns
about the bill
MIR. Lower and his wife testified in sup
port of the testimony Of the Deft.
Mrs. Lower testified that she promised
to pay grocery bill, II Mr.. Lower did not;
II she could 8. II her house In Augusta.
The bill annexed to the writ is charged
on Pits. books to Geo. C. Lower and they
sent stated bills to him In his name.
| Dcft.says she WAS nevcr, notified, or CT lied
On to pay, until by Mr.. Merrl Il, short
time before she was sued. Deft. is mother
of Mrs. Lower.
Case submitted by couns of parties
before noon Saturday and by the Court
at p. M.
Verdict for laintlfs s4lO4.
Attys. Merr II & Cofllu.
s. s. Brown.
Monday, Jan, 5-Chas. II. Lock v. In
habitants Of Starks.
Assumpsit to recover expenses for the
r. lief Of Susie 4. Woods pauper 10 said
town, s34 81 being for her board from
Feby. 10 to May IA, 1890.
Plf. testifies that pauper came to his
house In Starks, lame, sick and without
anv means Of support, and asked him to
cell upon the town for her support, that
he notified the chairman OF the overseers
of the poor of the condition Of the pau
per and he came to his house and said
Mr.. Stephen ID. Greenleaf was bound to
provide for the pauper, hut cid the plf
to furnish the necessary supple until he
could see Mr.. Greer leaf. that In a short
time Mr.. Greer leaf came to his house
to bis house and that she refused to GO
there. and remained at his house until
May IA, 1890.
In dafanaa
The Defts. deny that Susie L. Woods
was pauper or was In need of rt lief
from the town, and II she was pauper
and In need of RI lief, the Defts. were
not liatla. because of the written obligation
Of s. ID. Greepleaf to support the pau
pers Of the town of Starks.
Defts. introduced town records and
contract to show action of town and Sc.
lectmen In making the contract with
Gre eUlsaf.
Plh's. Atty. objected to records and
contract as void for the reason that the
support Of the paupers In said town was
provided by being contracted to the low
est bidder, contrary to the provision Of
law.
Defts. introduced evidence tending to
prove that the pauper was well and per-
formed labor for the Plf. sufficient to pay
her board while 8 he was at his house.
Verdict for Pllintf S27.57.
Attys. L. L. wtlton.
y. II Willard.
Wednesday, Jan. MARY Jewell v.Geo
+. Jewell.
Plea of land, to recover the homestead
Of the late Arson Jewell, deoea. ed, who
was the husband OF PHI. and father Of
Deft.
Writ dated Aug. 20, 1890.
Defts. title was by deed from Admr. Of
Arson JEWELS estate to pay debts.
Deft. gave this mortgage deed to Plf
to secure her maintenance during life.
Defense Ia, that the conditions In the
mortgage have not been broken.
fl6. IL "a years of age and has living
sons.
She testlnes that Deft. had failed to
fulfil the conditions In the mortgage, by
II treating her, by unkind language and a
failure to furnish her with suitable food
and clothing. Her testimony b. ought
out, that Washington Jewell, an unmar-
ried son had always resided with his pa.
rents until after his fathers death Ia 1883
that he was given q part of the home
stead by his fathers will, but q sale o.
the farm being necessary to pay debts
Washington took nothing by the will, and
the farm going into the hands of the
Deft., he lost his home with his other
on the farm, where he had lived more
than 40 years. Hence the family unr leas
antness and disposition on the part OF
the Pltf. to resume her original Interest In
the farm.
Washington Jewell testified that he had
worked on the farm with his father ever
since Of age and had nothing for his labor
and he still has his home with;his mothe';
that since his brother had come into pos.
session of the farm he had refused 10
give him home there.