Ellsworth American. [volume] (Ellsworth, Me.) 1855-current, 1893-04-20

Thursday, April 49,
| The first case for trial was No. 964, David A.
Bunker VS.. Charles b. Pineo. The parties reside
at Bar Harbor. This was an action for breach
of covenant in lease. The covenant was for a
suitable right Of way to get to and from the
leased premises, which were situated at Bar Har-
Dor. AID distanced about 100 feet from West
street. The defendant claimed 10 be entitled to
right of way by necessity to reach the lea ed
premises, which right of way should GO over a
certain way IL feet wide, leading directly from
the premises to West street and that plaintiff had
free and unobstructed access to the leased
premises over the IL feet way. The plaintiff
claimed the contrary and also that the right of
way by necessity lay a lot to the west of the
Is feet way Verdict for plaintiff for s477, which
sum plaintiff claimed he was obliged to pay for
lease Of another lot oyer which to reach the
leased premises.
Deasy 4 Higgins John A. Peters Jr
Tor I'm for Def,
Friday, April H.
No. 81, Marcus Ilarnik VS.. The Hancock Coun-
ty Fair Association This was an action of
assumpsit to recover damages for breach of con
tract. The plaiBtif, vendor Of sandwiches
claimed that in the fall OF ls.e he made an agree
mcnt with one Howard r. Whitcomh, as agent OF
the Fair Association, for the privilege OF enter
Ing the grounds of the Association during the
time of its annual fair, and there having tho
privilege OF selling his sandwiches that when the
time OF the fair came he was refused admittancs
to the grounds under the agreement and that
large amount of his stock. which he had on hand
In anticipation of the agreement was spoiled and
that he was greatly damaged The defence was
that there was no contract made as claimed by
plaintiff, that Whitcomh had no authority TO
make such contract for the Association, as claim
ed by plaintiff. and therefore the Association
were not bound by his acts. After hearing the
plaintiffs evidence non suit was entered on the
ground that the action could not be maintained
against the Association.
In the case Of Harnlk vs.. The Hancock County
Fair Association the alleged contract made
through telephone Plaintiffs witness, the opcr
ator at Bar iiarbor. claimed TO have sent
message for iIarnik to Mr.. Whitcomb on the
morning OF September sth. Mr. Harnik not wait
ing for an immediate reply The operator Claim
ed to have received a message early in the day
saying 10 substance that II was all right for the
plaintiff TO come to Ellsworth and enter the
grounds a he desired The operator did not
write this message down, hu; communicated It
verbally 10 Iiarnik late In the afternoon. Since
the trial we are Informed by the Association that
they claim to have absolute defence 10 this
action upon its merits The Association claim
that the telephone message sent 10 Bar Harhur
was In substance. that Emo and shute had been
given the exclusive right OF the grounds to cell
refreshments. that iiarnik must ace them, but no
doubt II would De all right The Association
claim this message was the one sent September
sth. and that similar message was sent on
September 18Th. Beside Mr.. Whitcomb they have
the testimony OF MIA. ". >hutc Mr.. II. J Joy
and Mr. j +. Doyle, ready 10 prove these facts a.
the messages were heari by these parties. Not
withstandinE this defence told that the
Association, since the trial have contributed to
Mr. IIArnk literal sum for his los, have
rrcripted in full any Claim against him for costs
and viii in all probability allow him without
charge 10 ell sandw ichc- ON the grounds Of the
Association during the fair ncNt fall
Foster & Wood Hale s HamlIn
for PIN. for Def
The grand jury reported In the afternoon -
indictments a follows Man-lau ehtcr. !. ln
decent exposure. :. resisting health officer t.
laroeuy, /. receiving stolen sood-, l. assault; and
battery. !. liquor, Il.
SATURDAY. April H.
Abby NJ Fulton ". Reuben Williams ct all
1h,- action a poor debtor bond The
validity 81 the bond wa admitted. signatures
and execution were not denied. NuT the defend
ants claimed a waiver % the part 81 iuc plaintiff
~ the conditions ~ the bond by rra.ou III a con
'cr-at!on ~ alleged contract between the plain
til aud the defcndantHN illams whereby It wa
claimed that srecmeut made 10 rclca-e
the toud-man on condition that the Defendant
Williams should pay 40 per month towards thc
debt until fully raid. The plaintiff claimed that
ther, ~a- no agreement made IA release the bond.
"a a
stat fl"nt on her part ut the time ~ thr above
ALI I'd nver-afon that the accey tancr az part
pa urut should not 10 ans Way release The bond.
Verdict for plaintiff
J Il Kedmau. Geo stuart
+ l. Mason for Def.
for nm.
Monday. April Il.
>o. 40, Charles " Beal ct ais. v. Clara Il
BrAl ct al Thl- was q real action brought 10 re
cover four undivided afihs Of the Daniel ). Bcai
homestead. situated in Ellsworth The plaintiffs
arr the children and heirs Of the said Daniel :.
Zeal and claim title such The defendants
Claim title under warranty decd dated >oScm-
her 34th, l-pI. from the said y B,a 10 Clara y
Dunbar, who on the second Of The following DE
ccmber married u Bea!. The said Clara Il.
Dunbar NOW Beal Af,erward conveyed the
ZANE property 10 her brother DR.. T J Batch
elder OF Marhia-. Batchelder is the real defend
-
80 ''''
'"' 49, '' O'''''''i ''"' - " 49, 8"
count Of the incapacity % the said u. ; B.al.
RI ,,at,,fr- 49,, ,,,,.,,,,,o, . re, ,..I /. ,
.,-,,,,,.,,,. ~, o., -. 80. .,,, n.,;.ls
ua.l III, ~. ,,,,ttc,. q, ~. t..a
IN question had manifested marked symptoms
and indications Of Icmcntia MANY witues e.
have testified that l!eal during tho lat year q
sutA.. Fls. hay AL.
with him although ihcy were old acqu4intance-
and in some ca -es members of M family IL wa
40 IA l tiiH M -, "
4 " King John r Lynch,
q, m,,
ne case 81 heAi - beA wa -u'lic' az" '"'