Ellsworth American. [volume] (Ellsworth, Me.) 1855-current, 1896-01-30

Henry j. Milliken .Surry
William b. Mitchell. Ellsworth
George NJ. Moon................. .... Hancock
Leonard NJ. circuit. ........... ....Gouldsboro
sUPERNUMERARIEs.
George S. Parker. ..................Mt Mt. Desert
Whitcomb u. Richardson. fremont
Harvey W. Smith. ................... Bucksport
The well-known and well-tried horse
case, Grindall vs.. Hagerthy, occupied the
court Thursday.
This action was brought by Norris L.
Grindall, of Penobscot, against DR.. A. c.
Hagerthy, of Ellsworth, for alleged fraud
uIent representation i'll sale of the roam
trotting stallion, Sultan.
In January, 1894, Mr.. Grindall, through
an agent, bought of DR.. Hagerthy his in
terest in the horse. Plaintiff alleged that
defendant gave a verbal guarantee Of
title to the horse, and promise of a writ
ten guarantee. When horse was delivered
Mr.. Grindall received a paper which he
claims was represented to him as a guar
tee title, but which several months later
he discovered to be merely release of
chattel mortgage. This he did not learn
until he WAS summoned to defend an
action of trover brought by Waterville
parties who claimed to own the horse.
| The case was tried i'll the kennebec su
preme court and resulted i'll verdict for
plaintiff, Mr. Grindall being compelled
to pay damages, besides the cost of de-
Tending the suit.
The present case was brought to secure
damages for cost of defending the suit at
Augusta and in paying damages. The
case has twice before been tried in the
Hancock supreme court, at the April and
October terms last year, and each time
the jury failed to agree, after remaining
out until midnight.
| The case has excited general interest
because of the fact that both parties to
the suit and the horse are well known
in the county, while the many points of
| law involved awakened the interest of
attorneys.
Judge E. E. Chase appeared for plain
tiff and John A. Peters, jr., for defend
! ant.
The jury returned a sealed verdict
which was opened Friday morning. The
verdict was for plaintiff, with damages
|
Motion for new trial has been filed.
A. H. Lyman, OF Bar Harbor, passed
successful examination for admis-
sion to the bar, and on Thursday was
admitted. The examining committee
consisted Of John B. Redman, George 2.
Dutton and Arno W. King. MIR. Lyman
has been reading law in the office of John
A. Peters, jr. He will leave for Bar Har-
Dor Saturday, where in few weeks he
expects to open an office.
In the case of Edward B. Mears vs..
George B. Wheeler, heard before Judge
Emery Tuesday, on motion for removal
Of case to the United States circuit court,
motion was overruled.
FRIDAY.
The suit OF Walter B. Gould, of Bangor,
against Daniel Hurley, of Ellsworth, oc-
cupied the day. A. w. Weat herbee of
Bangor, for plaintiff, F. l.. Mason, for
defendant.
Action was brought for alleged fraud
ulent concealment OF property owned by
a debtor Of the plaintiff.
The jury was out until 10 O'Clock at
night, and returned verdict for plaintiff,
with damages fixed at s6S5.74. The case
will probably be appealed.
SATURDAY..
/ Gertrude NJ. Blair, of Bucksport, VS..
James E. Buckley, of Bangor. Fellows
for plaintiff, Hamlin for defendant; tried
Saturday. Verdict for plaintiff.
Court adjourned till Monday, at 10
O'Clock.
| MONDAY AND TUESDAY.
The case Of Katie A. Ekstrom vs.. Cyrus
j. Hall, and others, occupied all day Mon
day and Tuesday, and Wednesday fore
noon. Judge Emery's charge to the jury
occupied two hours, and was an able,
clear and impartial review of the case.
The jury went out at 11.30 O'Clock,
and are still out as THE AMERICAN goes
to press.
This was an action of trover brought to
recover goods and apparatus of quarry
equipment. including a small building,
two sleds, sleigh, a quantity Of paving
blocks and other goods enumerated to
the value OF several thousand dollars.
The plaintiff, Mrs. Ekstrom, of Pretty
Marsh, formerly Mrs. Robinson, con-
QucIeu poarulhS uouse III ooLles oouhu
quarries, formerly operated by John j..
Carr, whom, plaintiff alleges, she assisted
financially. Subsequently Mr.. Carr made
an assignment. Mrs. Ekstrom claims
title to the articles named in the writ,
some by purchase prior to Mr.. Cars
failure, and some from the assignee.
The defendants in the present suit are
now operating the quarry under the name
of the Standard granite. company. They
claim title to the goods in question under
a bill of sale from Mr.. Carr's assignee.
There was large array of witnesses,
the plaintiff presenting twelve, the de-
PENDANTS nine. Two attorneys represent