The Portland daily press., 1892-11-14
Thanksgiving and Praise
SUPREME JUDICIAL COURT.

The following decisions have been sent down
In cases pending before the law court:
CUMBERLAND COUNTY.
Elizabeth C. Bckford VS.. Phebe c. Fl. Knight.
Rescrapt by Peters, G. 1.-The court is
strongly impressed with the fear and pellef mat
for that reason new trial should be granted.
Motion sustained. New trial granted.
State VS.. John J. Mulkern.
time between the commission of rape and the
complaint OF the act by the prosecutrix Is not
the test of the ;ldmissibility Of the complaint
The prosecutrix testified that the alleged as
sault' took place on Sunday night. and was
thereupon allowed to testify that she made the
complaint the next night. Held. that the de-
PENDANT has no cause for exception based upon
the ground that the nature Of the complaint was
not more distinctly specified. no other than the
one set out in the indictment having been NEIL
toned. :.
Exceptions overruled.
Thomas Foster & al VS.. Mooshead Pulp and
Paper Company.
Assumpsit on an account annexed for six Eos
ter & Brown pulp screens and several other UNI
disputed articles of machinery, sold and delly-
cred to and accepted by the defendant in De-
eember, 1891.
The defendant commended that the screens
were not reasonably fit for the purpose for
which they were furished-to remove shlyes
from the pulp-and claimed damages therefore
by way of recoupment.
The verdict was for the plaintiffs for the full
amount claimed. In the rescrlpt by Judge VIZ
gin, which is quite lengthy, it is stated that the
exceptions as to the admissibility of the evil
dence were merely nominal, without any Specihc
objection, and therefore cannot be sustained
nor could they if specifically objected to. Upon
the motion the court said:
A very careful examination of the reported
evidence fails to satisfy us that the verdict is
so clearly against the weight OF evidence as to
warrant setting it aside. To be sure there IS
considerable conflict. but if the testimony and
dispositions introduced by the plaintiff are to
be believed, the verdict is certainly well
grounded. We think, therefore, the entry must
be motion and exceptions oyerruled.
FRANKLIN COUNTY.
Elmer f. Richards, Admir-, vs. Maine Benefit
Association.
iiescript by Virgin, IA member of the M:
r. Association, by Intentional non-payment of
over due assessments, forfeited his member
ship all interest therein and benefit to be de-
rived therefrom In his application for re-
In by s e
cept them, he stated he was then in good
health, and that there was nothing in his habits
Or condition. when i was nke gd 20 ta Rl t hs
statement be found to be in any respect untrue,
the policy shall be treated in the same manner
as if the assessments had not been accepted;
Held that the stipulation was unqualified; and
that an instruction that If the statement, though
untrue in fact. were honestly made, the mem
ber's personal representative might recover, IS
erroneous.
Motions and exceptions sustained
ANDRosCoGGIN COUNTY.
Owen White VS.. Phoenix Insurance Company.
Rescript by Virgin J7- When an insured oc-
cupied building becomes unoccupled. the FISK
of its destruction by fire is presumed to be
increased.
This presumption alone is sufficient to sus-
tain the burden imposed upon the insurers, I'M
less it is rebutted by the peculiar condition.,
construction and surrounding circumstances OF
the building.
The condition, construction and surrounding
circumstances of the building in this case, sup
port, rather than rebuilt the presumption.
Motion sustained.
Albert H. Gilman ct al, VS.. Warren Inman
and trs.
Rescript by Virgin, J.-River drivers are not
t'commorant'' i'll the respective towns through
which they pass while earning wages on drive
of logs; and the assignments of their wages, in
order to be valid under r. S., c. 8, sec. 6, need
not be recorded in such towns.
Exceptions 0yerruled.
YORK COUNTY.
Jerome F. Hale vs. Boston s. Maine Railroad.
Motion and exceptions by defendants overruled
Margaret j. Gilpatric vs.. City of Biddeford.
Exceptions by defendant oyerruled,
HANCOCK COUNTY.
Nancy E. Joy, applt. VS.. Grindstone Neck
Water Company Exceptions sustained. Mo-
ton sustained unless the appellant (Joy) shall
within 80 days, remit all damages in excess OF
$780, in which case the motion is to be over
ruled.
KNOX COUNTY.
Augusta I. Balm VS.. Elizabeth NJ. walsh, eX-
ecutrix. Exceptions by plaintiff oyerrued;
nOnSuit confirmed.