The Somerset reporter., 1895-01-10
Somerset 4. j. Court.
,,,,.,, December term. 1885,.
WISWELL, J. Pyesidtng
n. W. BRAIsKRD, Glerk.
BEs s. COLLINS, County Attorney.
&. y. BdrfoUs, Sfeno1r0nbe,

wIswELL, J. Pyesiding. .'''''
n. W. BRAfsKRD, cierk.
Ben ,. COLLINS, County AtofneB
{. y. BdrfoWs. Henogrnp her
- +. =. Nilts Sheriff.
Blaine s yiles, Messenqer
WD@lay, JQn. ,3-1'he verdict in the
case Charles a. Kennedy -. ". VI. q
A. {. Ladd was Si3.2j for the plaintiff.
Henry Balduc v. Frank NJ Vittnn.
action 10 recover value Of quantity #
hay alleged to have been sold 10 defend
ant aud deposited in barn belonging to
Coburn heirs. Barn aud contents were
afterwards burned. After testimony
was partly out the action was Withdrawn
from the jury aud settled by the parties.
futile for plaintiff, Walton Il Walton
for defendant.
friday. Jun. 4--Chafles W. Look =.
Henry Erving. Action to recover for
value of certain apples alleged to have
been taken and converted into money by
the defendant. and also for the use aud
occupation OF certain premises. After
the testimony Was out the plaintiff did
not claim To recover for the apples and
the Court ruled as a matter of law. dat
IN an action of assumpsit plainlih could
not recover for the use and occupation
of the premises where the title Of real
estate WAS IN dispute and directed "A yer
dict for the defendant to which ruling
the plaintil excerpts. Merrill x Cover
for plaiutin T.. v. Whitcomb for defend
ant.
William 5. Robinson y, Euel :. Clark
and trustees. action To rec 50 for fiv,.
tons and - pounds of ho, slegea to
haXe been sold AID delivered plainfiiI
+ Ia al t.4vst l4tfs Ia . H.. 8. 4
1881. Plainlil testified to the relail,
OF the contract and the delivery o. the
/ hay. Stated that he had received buI ~
cents in payment thus far Defendant
lays he never bought the hay sued for.
except small amount which tie lad fully
paid Tor by wing lumber for ho plain
/ tltl'; that The balance OF The hay sud for
was purchased and used oae Williams
who WAS carving on lnaa ling eh-ra-
! tion for defendant, aud whom defendant
was To pay by the thousand. Drteaaant
! stated he took 10 account of the ,#fe a.
testified by plaintiff; that he VA, lei. i'm
camp ut the time the hay WIS haule8 NJ
Williams. Verdict tor plnintin. $50.
/ j. J. Parlin for plaintiff Forrest Good
Win for Defendant.
NatHr}ag. Ian. 5-Ilauovar :. Nie9er-
son vs. Nm II. Bradbury. action ui
/ troYer 10 recover the value Of "A horse.
ainitl claims that in dune l>s0 he rn.
dorsed Il note with others for The benefit
of one Geo. y. Pnshor. taking a morl-
gage of several horses and other proper.
| tN 10 secure the payment of the note:
that pitt. paid the note aud aftcrNard.
discovered that one Of the murtgagcd
! horses had been sold by Pashor to thc
| defendant VIM. II. Bradbury; that pitt
went with his attorney and demandro
! the horse of Bradbury who refused tt
give il up; thereopon the pltf brought
his action TO recover the value Of thC
horse less the amount paid on Tho not,
| by Pushor The testimony tended t.
prove that the horse sold by Pushor t,
the defendant WAS "a red mare. being
the same Geo. y. Pushor bought q
James +. Gohnor," bur the painliil it
his declaration lad described 81 rec
mare being the same Geo. \. Pusho
purchased of one John smith" Thes,
were separate horses, both owned at ON,
time by Pushor aud both covered by the
mortgage. The plaintin moved t,
amend his declaration in the writ by in
sertng count describing the red mar,
bought of Common, but the presiding
Justice ruled that the amendment wa
not allowable as it introduced "A new
cause of action. The pitt. excerpts t,
the ruling and will present the question
to the law court. Walton & Walton TO
pltf., j. W. Manson and Abel Davis fo
deft.
Benz. +. IIunnewell " Herbert Lore
appeal from trial Justice. Plaintiff
claimed h" WAS tenant ol certain partie
aud when he removed they owed hin
fifteen dollars seyenty-five cents for re
pairs; that defendant took tenement aur
agreed To pay plaintin rent To tn
amount of his claim. Defendant say
he was not tenant of plaintiff and mad,
no such promise. Verdict for plaintiff
seventeen collars. seven cents. Smal
for plaintiff, Parlin for defense
Charles V. Look V. Alphonso ". Bar
kef, action on promissory note. Defend
ant pleads general issue, statute of limi
lalions and discharge in Insolvency
Note was given in lS72, but had iudor-e
mells and WAS Witnessed. Dctendau
denied validity of Endorsement Verde
for plaiuiiil' one hundred tortV-iiye dol
lars and tWentN-Scven cents. I. q
Small for pLtinlill, II. l.. Wbitcomb fo
defendant.
IlcWellyn l.. feathers was divorced
from Frances feathers, for cruel auD
abusive treatment.
Annie +. Clark WIS divorced iron
Robic II. Clark, for refusal 10 support
Lihelee 10 pay 500 in lieu of alimonY an,
the further sum oil Sl00 for support @
minor child. the cuStody of which wa
given 10 the mother
On Monday in the ease State y. W
IL. llcselton mol proS WAS entered.
The Anatomy of a Tenement