The Portland daily press., 1892-02-06
SUPERINTENDENT COURT.

The following additional decisions
were received yesterday by the clerk of
courts in cases pending upon the law
docket for the Western District. The
rescripts are by the chief justice.
ANDRosCoGGIN COUNTY.
Samuel K. Littlehale VS.. Stephen P.
Littlefield.
Rescript.-A careful examination of
this case leaves on our minds the i'm
preston that, whilst the plaintiff might
properly have had a verdict for slight or
nominal damages, the verdict of the de-
PENDANT better not be disturbed. If the
jury believed that the acts of trespass
complained of, SO far as the same were
proved, were done by the servants of the
defendant without his assent, the verdict
would be right; and there is evidence to
sustain such position. 1t is not the
practice of courts to set aside verdicts
merely to allow plaintiff to recover
nominal damages, unless the act of a de-
PENDANT has been veXatiouS or malicious,
OF such a verdict seems to be required
to vindicate title or some other import
ant right. No such condition exists
here.
Motion overruled.
Danville B. Stevens VS.. Charles E.
King.
Rescript- grantee buys real
estate, and at the request of the grantor
pays the consideration due therefor to
certain persons having suits pending
against the grantor, with attachments on
such real estate to secure lien claims due
them on the same, such grantee will be
subrogated to the ownership of the
claims thus paid, and, with the consent
of such persons, he may prosecute such
suits in their names for his own benefit,
to prevent the priority of later attach
ments placed upon the property without
his knowledge after he had paid out his
money and before he recorded his deed.
Defendant defaulted.
FRANKLIN COUNTY.
jeremiah Knowlton VS.. Charles A.
Knowlton.
RescYipt.-In a suit on a Judgment al
legged to have been recovered before a
trial justice, the plaintiff is not entitled
to introduce secondary evidence of the
contents of the record of such Judgment
by merely showing that the original rec
ord is in the possession of a person who
resides outside of the state, no reason
appearing for the failure to produce such
original record.
Judgment for defendant.
New England Wiring d Construction
Company VS.. the Pennington Electric
Light & Power Company.
Rescript-The rule which admits as ev
idence in real actions Office copies of
deeds when the party claiming under
them is not the Immediate grantee there
in, applies to mortgages as well as to alb
solute deeds.
hon r,f Wiz 80.
so admitted, which purports to have
been executed for a corporation by its
agent, due execution and delivery of
such mortgage are to he presumed until
something appears to show the contrary.
Exceptions overruled.
LINCOLN COUNTY.
Joseph S. Bradstreet ct al. VS.. Henry
Ingalls,.
Rescmpt-A vessel at sea can not be
constructively attached by an officer up
on the land, by his returning an attested
copy of his doings on the writ into the
town clerks office in the town where the
owner of the vessel resides, and such at
tachment become effective as of the date
of such return by an actual seizure of
the vessel afterwards when it first comes
into port in such town.
Plaintiff nonSuit
OXFORD COUNTY.
Anthony A. Lafarier VS.. Grand Trunk
railway Of Canada.
ReScrjpt-The statute of this state
which makes ticket for a passage on
any railroad binding ON the railroad COM
pany for six years from it's date, with the
right Of the holder of the ticket to stop
off at usual stopping places as often as
he pleases during that period can not APP
ply to ticket purchased in Canada for a
continuous passage on a particular day
over the defendants road from that
province through portions of the states
of Vermont and New Hampshire into
Maine, because such an application of
the statute would work an interference
with both foreign and interstate COM
MERGE in the carriage of passengers.
Exceptions overruled.
Hannibal G. Brown ct al VS.. j. Way
land Kimball.
Resc9ipt-In an action of deceit
against person for verbal misrepresen-
tations of the financial standing of an
other, made in order to obtain credit
having been thereby obtained, the case
is not saved from the operation of the
statute of frauds by the fact that the de-
PENDANT also at the same time misrepre
scented his own financial standing and
made certain personal promises that he
has not kept.
Plaintiff nonsuit.
KENNEBEC COUNTY.
George W. Goodwin VS.. City of Gardi-
ner.
Rescript-A notice given to a town by
a person claiming to have received an in
jury occasioned by defective way in
such town, that he received ''severe bod
lily injuries in not sufficient to sustain
an action The statute requires the ma
4,,,,,, l,f tho i1,i11rinc to he Statad