The Portland daily press. [volume] (Portland, Me.) 1862-1921, 1897-10-09
MR.. PONCES sPECULATIONS.
They Began with Washing Machine
Patents


sas-Interesting Case in Circuit Court.
In the United States Circuit Court on
Friday Mr.. Ernesto Ponce, for long
time well known Portlander, was one
OF the parties to an interesting suit. LII
seems that in 1891 Mr.. Ponce went to
chicago with patent rights in a washing
machine for sale. He had rights LOT
three states, which he considered worth
In the aggregate S. 900. In Chicago Mi.
Ponce met two pleasant and stirring men,
one OF whom he had known in Portland.
These men had stock of hardware Tor
sale, and Mr.. Ponce soon became con-
WINGED that there was money to be made
i'll buying this hardware. The men
ana the pa ent rights. Mr.. Ponce, saw
therefore, that the hardware would cost
him only $1,000 About this time MI.
Ponce says, third man appeared who
talked very favorably of buying the nara
ware for 1000. Here WAS Is, 000 pront
right In hand, and Mr.. Ponce said he
bought the hardware at once. Then the
men who sold it as we'll as the one who
nad talked of buying it. disappeared, SO
49, 80 I'LL. OAC0 Wdo OO''SSAA> ~~S
says he searched for them but could not
find them,
These circumstances have nothing to
do with the case except that they explain
how Mr.. Ponce happened to be in the
gullelesS western country in 1881 With
stock OF miscellaneous hardware on his
hands.
Ii was while in this situation that Mr..
Ponce met Mr.. Samuel G. Miller, a
IArmRF ~ Alb MinhfnQn
Miller says he began farming In 1852, and
mas tarmed in Ohio, Iowa and Michigan.
ne Is shrewd appearing man, although
ne mas rustic air about him. Mr.. Miller
had $50 acres of prairie land in Comanche
county, Kansas. These lands were
peculiarly situated. There were upon
them mortgages securing three notes,
severally for $1,000, $500 and $500. Mr..
Miller proposed to sell to Mr.. Ponce his
equities in these lands, the latter assum.
ing the notes. So trade was made, Mr..
Ponce giving $500 in cash and his hard
ware. which had cost him $4,000 in cash
and his patent rights, valued at $1,000.
For this property Mr.. Ponce got the land
and the liability for the notes for S2100.
This was in 1891, and since then Mr..
Ponce has not paid anything on the notes
SO Mr.. Miller begins suit for payment OF
the notes, which with interest amount to
about $4,000 now, according to the agree
ment,
To this Mr.. Ponce makes reply as fol-
lows:
1. If any such agreement was entered
into between defendant and plaintiff it
was the result of gross and false represen.
tations made by the said plaintiff and his
agents and was deception and fraud
on this defendant.
z. Defendant says he never accepted
any deed as described in the plaintiff 7
declaration.
3. Because the said deed was not made
out as agreed upon and the payment o.
| taxes was to he made by the plaintiff not
the Defendant.
4. Defendant further says that trust
ing in the statements and promises of tn,
| said plaintiff he let him have large
wit. of the value of $4,000 and $500 il
money which were worth a great dea
more than the land and for which de
| PENDANT has received nothing.
5. Because the land described in tn,
deed of the plaintiff was not the lane
that the plaintiff agreed to convey.
6. Because the whole transaction is Est
tainted with fraud misrepresentation
and deep ion by the acts and doings anC
agreements of the plaintiff that it i
null and void.
T. Because defendant never assumed
or agreed to pay the notes described il
the plaintiff declaration or the take
therein mentioned.
| W. H. Looney and BENZ. Thompson ap
pear for Miller and Dennis Meaher fol
| Ponce.
! Mr.. Ponce claims that the land is il
oddly situated tracks and that it is no
worth over 5000 although he claims tina
it was represented to be very valuable
although the testimony shows that Mr.
Ponce went on to the land before h
bought it.
Mr.. Miller claims that the hardwar
was of little or no value.
1t was also shown that two years afte
the purchase of the land, Mr.. Ponce wa
writing about it as if he intended to pa,
for the land, and making no intilnation
| that he thought there had been fraud
Also it was shown that the plaintiff hat
offered to take the land back if Mr.
Ponce would surrender the deed.
Mr.. Meaher made the argument for tn
defendant, and mir. Thompson for tn
plaintiff.
The exact claim was figured out a
So, 879 45, and so announced by the court
The jury then retired at 5.4S p. m. A
300 they returned with verdict fer tn
plaintiff. Mr.. Ponce seemed to have ex
pected that the verdict would be agains
him as he left the room with his counse
just before the NY retired.
Tho jury were then formally discharged