Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1894-01-08
SOMERSET COURT.
December Term. supreme judicial Court At
Skowhssan-Jsdgs WiswelI, Presiding.

SK3wHEGAS, Jan. 6.
Moosehcad Pulp and Paper Co, vs.. John
Turner and trustees, acton to recover the
sum of S24s3.7s, all ged to have been pal J
in excess of the amount due. Plaintiff says
that in March, 1872. it purchased of defen-
dant four c.rtain marks Of logs, then piled
ut Briggs Landing. so-call-d, upon The
shore of Kennebec river in Carratunk town
ship, for viii IN it was 10 pay $7.2j per
thousan feet by the Kennebec scale. SQUAD
survey, and that survey of sail logs
should be made ny Isaac Morse and tha,
d, f ndant should furnish plaintiff with a
survey bill, hich should contain a survey
and count Of said logs made by said Morse
in accordance with Kennebec scale; that
payment should be made, one-third in cash
May /, 1892, one-,hird by three months
note and one-,hnd by a six months note.
The first witness for the plaintiff, Stan
ton Day, pre- sident of the Moosehead Pulp
and Paper Co., testified to making the con-
tract as alleged, that he also engaged the
defendant to drive logs from Briggs Land
ing to the plsintiff's mill at Solon; thar the
logs We re delivered AMI that Il sca'e bill
]
that the survey WIS made by one Williams
instead of Isaac Morse and that Isaac Morse
simply discounted the survey of Wiiamr
in order to make the logs sound and that
the scale bill rendered by Morse dii not
represent a survey by Morse according to
contract; that witness thinking the COM
psny had not obtained so much lum-
ber ss was represented by the
scale bill, caused n resurvey OF the log' to
b., made by one New, II Larder, and alsn
the logs ere again surveyed by one Mclo-
tire. " hen the logs were tak into the n ILL.,
BY these surveys plaintiff di'cov. red, as
it is alleged, that the amount OF Lumber re-
ceived was 342 ,59l feet less than was repre-
sented by the scale bill of Mors'. and that
it had cons quently pail S24S3.1S more
than said defendant was entitled t. receive.
Witne,s terrified to having discov' red these
facts before III. pa, ment of the last note OF
S2923 40 b"t that the note had betn nego-
tiated ny defe ndart and plaintiff was there
fore obliged to pay the note. This action is
bruight 10 recover the over pdymeLt VI
S2423 IS
Moosehead Pulp Company Va. Turner
Newell. MIR. Lander. csll,d by plaintiff,
te.tifed In At he had be.n a surveyor OF
lumber for the past Is wears, had surveyed
each wear and that he was 'ngag by
plaintiff to survey logs in plaintiffs boom
Tie surveyed all the logs, incluting those in
co, Ioversv, in the fol'oaipg manner
Log. were low dow n from river to pocket
boom, then brought alonrsi'e of raft, upon
which notches had been m ,de by which he
could Diet, rmine lergth of log; then by put
ting this scale rule NJ on small end OF log,
he could determine IS contents. Witness.
stated that the va i,,ion between scales OF
different surveyors of tqrsl intelligence
and ab li,y would be not more than from y
to 5 per c. nt On C o's-' xaminstion Wit
nass af United that he coal not figure up
the contents of log without the tctle rule
Omar Clark. prssid, mt of the kennebec
Log Driving Co., testified that he had hsh
considerabl, experience in buyiag a. d s1ll-
iov logs, and IN observing scaling OF logs
should thi, X there ought not TO be more
than one per &C Mt variation in scales OF Two
.urve, ors of equsl ability and intelligence
Should think l76 leg, was not an extraor-
dinarilly large number to BE- broken or cui'
driving from Briggs landing to Scion.
Leander Mctn,yre, surveyor, tesf1hed
that he surv. y.d III the Iulp company $
mill every lg used in the MILL rnd hi' sur
vev m m,d,, the number of teet $1,000 less
than La. dpr's. +. F. Webb and q. ID.
r ,ker for tl,intif. Walton and Walton
for defendant.
Blanche l.. White has been granted a
d;vorcs from James +. w, tie; cause, tx-
cruelty, intoxication and n support.