Daily Kennebec journal., 1895-01-07
SOMERSET COURT.
December Term, Judge A. P. WisweIl Prcsid
ing.
Skowhcgan, Jan. 3.


SkOwhcgan, Jan. 3.
Charles A. Kennedy VS.. W. NJ. & A. C.
I.add Verdict for plaintiff, $43.25.
Merrill {, Cover fer plaintiff, Walton &:
Walton for defendants.
Henry Balduc vs. Frank NJ. Nittum,
action for price Of hay alleged to have
been sold to defendant and deposited in a
barn belonging to Coburn heirs, which
barn aftorward burned together with the
hay After the case had been opcnel to
the Jury and testimony Of Plaintiff intro
duced the action was settled by the
parties and withdrawn from the jury.
:. B. Tuttle for plaintiff, Walton & Wal
ton for defendant.
Friday, Jan. 4.
william s. Robinson vs. Ruel ;. Clark
and trustees action to recover SO for five
tons and 798 pounds Of hay alleged to
have been sold and delivered by plaintiff
to defendant in the fall and winter Of
1893 I. Plaintiff testified to the details Of
the contract and the delivery Of the hay.
stated that he had received but 20 cents
in payment thus far. Defendant says he
never bought or had the hay sued for, OK
cent u small amount which he had fully
paid for by saving lumber for the plain
tiff; that the balance of the hay sued for
was purchased and used by one Williams
who was carrying on numbering opera
ton for defendant, and whom defendant
was to pay by the thousand. Defendant
stated he took no account of the hay as
testified by plaintiff; that he was sick in
camp at the time the hay WAS hauled for
williams Verdict for plaintiff, $1S. 10.
J. J. Parlin for plaintiff, Forrest Good
win for defendant.
Charles v Look VS.. Henry Ewing, ac-
tion to recover for certain apples claimed
t., have been taken from promises belong
ing to plaintiff and converted into money;
also for use and occupation of the
promises After the evidence was taken
out. plaintiffs counsel did not claim to
recover for the apples. The court ruled
That plaintiff could not recover for use and
tccupation of the promises in an action OF
assumpsit, where the title to the real
estate was in dispute, and ordered verdict
for the defendant Merrill & Cover for
plaintiff, Il. ". Whitcomb for defendant.
Skowhegan, Jan >.
Hanover s. Nickerson vs.. VIM. Brad
bury, action of trovcr for the value Of a
horse. Plaintiff claims that in june, 1880,
he signed note with others for the benefit
of one George n. Pushor, takinga chattel
mortgage of several horses and other prop
crty to secure payment; that when note
was due, plaintiff paid it; that he after
ward discovered that PushOr had sold one
of the mortgagcd horses to the defendant
and that plaintiff demanded same ol de
fcndant, and on his refusal brought suit
to recover value OF horse. Plaintiff dcs
cribcd the horse in his writ as ii red
marc. wears old being the same that
George n. Pushor purchased OF John
smith" B." The testimony tended TO prove
that the horse sold by Pushor TO dcfcn-
tant was one described as Il red mare, be
ing the same purchased by Geo, n. Pushor
of James i. Connor. Both red mares
were described and included in the mort
gage from pushor to the plaintiff and
others. Thorcupon the plaintiff moved to
amcnd his declaration by inserting Il
count d 'scrihing the red marc bought OF
James L. Conner, claiming that to be the
mare demanded and the one intended to
be described in plaintiffs writ. Court re
fused to allow the amendment and plain
tiff filled exceptions and will present the
case to the law court. Walton q Walton
for plaintiff, J. W. Manson and Abel
Davis for defendant.
The Somerset attorneys have formed n
legal organization under the name of
Somerset Bar and Law Library Associa-
tion. The following officers were elected ::
Clerk and librarian, \. ". Brainerd ;
treasurer, Il. f. Danforth \ commit
tee of three was appointed to prepare a
set Of rules and regulations; and com
mitcc Of five to prepare schedule OF fees.
The committees win report at an ad-
iourncd meeting, Monday, Jan. I.
Annie r. Clark was granted divorce
from Robbie II. Clark for refusal to sup
port. Libellcc was ordered to pay 500
in lieu of alimony and 500 for support
OF child. Custody of child given to
mother.
Beni. +. Hunnewel VS.. Herbert Lord,
apeal from trial justice. Plaintiff claimed
he was tenant of certain parties and when
he removed they owed him Sl3.15 for re-
uairs: the defendant took tenement and
agreed to pay plaintiff rent to the amount
of his claim Defendant says he was not a
tenant of the plaintiff, and made no such
promise. Verdict for plaintiff. Sl7.07
Charles V. Look vs.. Alphonso ".
Buker, action on promissory note. De
fendant plosds general issue, statute of
limitations and discharge in Insolvency.
The note was given in 1872 hut had an
,ndorsnlent and was witnessed. Defendant
aenidcd the validity OF the indorsmcnt.
Verdict for plaintiff for $I45.27. c. o.
Small for plaintiff
Fourteen indictments were reported by
the grand in Saco, Saturday. Those
made public are: Alonzo j, Hill, Dayton,
assault and battery. two bills; Charles II.
Grant, Saco rape jeremiah McGrath,