Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1896-04-29
4aily geuusbet yonrual.
City and County.
SUPERIOR COURT.
April Term. 1896. Hon. 0. G. HALL
Presiding.

Il. A. Small, Stenographer.
Augusta, April 2S.
Gould VS.. Gould This case was con-
cluded at II o'clock with verdict IN
favor of the plaintiff for S37 worth of
the goods and in favor of the defendant
for $14 worth.
James p. Randall VS.. DR.. James IL.
Tuen. Whitehouse & Fisher for plain
tiff, Heath & Andrews for the defend
ant This is an action to recover $4S.ao
for board. The plaintiff, keeping the
Cony house in this city, says that DR..
Tuell, the defendant, came to him in
April. 1894, and said he wanted room
for lady for few days. and selected
a room and Went away. returning with
a young woman who was i'll; that the
defendant said he would send a nurse.
and did So and that the woman and
nurse he boarded about two weeks, and
that he gave credit to DR.. Tuell for the
board; that the morning she went
away the defendant came to the ONCE
and wanted to know what the Dill was
and was told. and said he thought she
was going away that day, ana he
would call again for the bill; that just
before train time he came down stairs
and said she was going on that tram.
but he said they We're not prepared TO
fix the bill that morning. put II Woui"
be all right: also said there was
plenty of money behind this case. the
parties were all we'll off, and the pay
would be all right In few weeks.
plaintiff sent his bill to defendant, ana
subsequently met him on the street,
when defendant denied ali RESPONSE
bility for the claim. Plaintiff then told
him that he engaged the room and that
he. Randall, didn't know even who the
other party was: that the defendant
then told him it was Bessie
Corners of Waterville: that this
case is in Mr.. Heath's hands
and when it is settled up we will settle
with you" The plaintiff didn't know
what case was meant, but supposed the
ease of the woman,
The defendant says that on an even
ing in April. 1894, the patient in aues-
ton consulted him professionally COM
ing from Mr.. Heath, whose client she
was: that he had never seen her before
and knew nothing of her except thai
she was Mr. Heath's client; that in thC
morning she came in again. very Ill
and not having suitable quarters for Z
person i'll, by her request. she being to'
i'll to do so herself. he went to the ConA
house and told Randall he had lady
patient who had become suddenly II
and wanted rooms for few days unit
she was able to go home; that Randall
asked who she was and defendant said
Her name is Miss Bessie Conner. She
works in Augusta. at dressmaking, bu
her home is in WaterVitle"; that the
plaintiff asked if she was all right. an.
defendant said he presumed she was
She is said to have come from goot
| family, and. further than that. she is /;
client of Mr.. Heath'S. which | suppose
guarantees her being all right tina
! he told plaintiff, in answer to an IN
touiry, that he supposed she would haN'
a nurse, but he knew nothing about 1t
that after selecting a room he helpet
| the patient to it. where she remained
with her nurse about two weeks. On
the day she went home. by her reques
he went and asked Randall the amour
of the bill. and that plaintiff gave hin
the amount, but not intimating that h'
l
subsequently received a bill and wen
| to Ranua.. and told him he did not con
, slider himself in any way responsible
for the bill He denies that he tol'
Randall that there was plenty o
money behind them and the pay woult
he all right, or that there was a cas-
in Mr.. Heaths hands for her and whel
| If was settled I'VE will settle witt
you'' The defendants counsel ais
raised the point that the plalntiit ha'
failed to comply with the statute re
ouiring innholders to take out llcens'
and therefore he had no standing II
court to enforce a claim for board. F'o
the purpose of settling the facts in tn
case, the court, pro lorna, oVerruie'
| the point The case was given 10 th'
Jury at o'clock.
The jury came in at 6 o'clock WITH
| verdict for the plaintiff for sol.22
WAS evident that they disallowed th'
claim for the board OF the nurse.