Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1895-04-12
SOMERSET COURT.
The March Term, 1895, Judge S. C. Stroui
Presiding.

Skowhegan, April II.
L. Anderson ct ais. VS.. Mary c. Brain
AID, bill in equity to compel specific per
formance of a contract.
Plaintiffs claim that they made con-
tract with the defendant whereby defend
ant sold to plaintiffs Is shares of stock in
the Milburn Company and agreed to
transfer same to plaintiffs; that plaintiffs
paid to defendant the sum of $3.50 for
said Is shares, but that defendant never
had delivered said shares.
Gen. r. Is. Shepherd, one of plaintiffs,
testified that plaintiffs owned a wooden
mill and other property on the Kcnnebec
river at Skowhegan, and that they were
DESTROYS of improving said property, hay
ing in mind the establishment of an
electric light plant for operating an Fec
trio Railroad and power for running an
other wooden mill that the Is shares of
Milburn Company stock which defendant
agreed to deliver to plaintiffs were neces-
sary to the carrying out of these plans
that in contemplation of making these
improvements the plaintiffs contracted for
large quantity of stones for the building
of fumes that on account of defendant S
failure to convey said shares, the plain
tiffs had cancelled a portion of their con
tract for stone and had given up the plan
of erecting another wooden mill at Show
hogan and had decided to erect mill at
East Madison.
l.. Anderson, one of plaintiffs, testified
that f.. p. Coffin, defendants attorney
came into his office, Oct. 81, 1894, and
OF, rod hot ho N
money paid by plaintiffs to defendant for
said IL shares; that Coffin then and there
refused to deliver said IL shares of stock
Defendant claims that the shares of
stock which she contracted to deliver was
the property of G. NJ. Brainard, her hus-
band now deceased, but that it stood i'll
the name Simeon l.. Gould, it being
collateral to secure the payment of note
held by Mr.. Simeon l.. Gould, signed by
L.W. Weston, S W. Gould and c. NJ. Brai-
nard, the note being for the sum of $1,000
and having also as collateral 10 shares of
Milburn Company stock owned by Mr.
Weston and 16 shares owned by Mr.. ;.
W. Gould; that Mr.. Coffin, defendants
attorney, made arrangements'to pay Mr.
Branard S share of the 5000 note and Sc
euro the shares to transfer to plaintiffs !;
that in pursuance of this arrangement
ne received the sum of $3.50 from plain
tiffs and sent to Gardiner to secure the re-
lease of the Is shares of stock; that he as
unable to secure the release of the stock !;
that he explained the circumstances to
plaintiffs on his return from Gardiner and
on Oct. 81, no rendered to plaintiffs the
$3.50 received from them, which they re-
fused to accept; that he thereupon de-
posted tho money in the Second National
Bank it a check payable to the plaintiffs.
1t appeared that sui ,guent to defend
ants tender back of plaintiff s money,
defendant assigned her interest in said Is
shares to S. W. Gould, receiving therefor
the sum of IS and an agreement by Gould
to assume the liability of the note held by
Simeon l.. Gould Plaintiffs thereupon
moved to amend the bill by making
Samuel W. Gould party defendant
This motion being granted, further tax
ing of testimony was postponed till a
later date, when the action will be re
ported to the law court. Merrill q
Cover for plaintiffs, Danforth & Gould
for defendant.
South Bend Chilled Plow Company VS.
Henry Rales ct al, bill dismissed with
costs.
Eta Fitzsimmons vs. John Fitzsim-
molIs motion for custody of child during
tendency of libel for divorce. This mo-
ton was heard by court and custody of
child decreeed to mother during tendency
of libel C. o. Small for libellant, c. A.
WILDER for libellee.