The Portland daily press. [volume] (Portland, Me.) 1862-1921, 1899-07-07
THE COURTS.
supREME coURr.

men OF that town to restore TO him the
street departments paraphernalia to which
be claims he Is entitled as road commits.
sioner OF the town.
Augustus #. Moulton for the petition
er; Benjamin #. Clsayes, George l.. Em-
cry for the defense. Many witnesses were
in attendance and the hearing consumed
the day.
Yesterday morning Judge Haskell gave
hearing on the bill in equity brought
by Charles A. Gregory Of Chicago VS.,
Mary II. Pike of Calais. +. A. Brooks oil
Boston and Robert L. Whitehouse of
Portland for the plaintiff. Thomas Talbot
of Boston and Judge SSmonds of Port
land for the defense.
The subject matter Of the case is a con.
test relative to the ownership of tho pro.
ceeds OF certain notes, Amounting to about
s35, 600, which are now In the custody Of
u Boston Trust company. The evidence
In the case was completed yesterday and
IL was reported to the July law term for
argument. Wst
U. =. DISTRICT COURT.
A petition in bankruptcy has been filed
BY Cyrus K. Corson of Athens In the U.
5. District court.
John Il. Holman OF Athens was yester-
day admitted to practice in the us. Cir
cuit courts.
PROBATE COURT.
Judge Peabody gave a hearing on the
petition Of Mary j. Webb of Casco, wild
ow of the late Josiah Webb of that town.
for the granting of widows allowance
she having waived the provisions of her
husbands will. Gage & Strout for the
petitioner; Willis II. Rolfs for the will.
At the request of Interested counsel the
hearing was suspended to allow confer
ence with a view of reaching an amicable,
adjustment Of the matter.
Wednesday Judge Peabody gave o. hear.
ing on the probate of the will of the late
Amelia Thatcher of Portland. which
was presented by RICHARD Webb, executor
CT the will and guskdian of the testatrix
for several yeaEs previous TO her death.
John b. Mssfill appeared for a st. Louis
nephew Of the deceased, who is named
as residuary legatee and msy contest the
probate of the will At the mutual re-
Quest of interested counsel, who desired a
conference in the matter, the hearing was
suspended for few days. The estate is
understood to inventory about So. $780,
MUNICIPAL COURT.
At yesterdays session of the Municipal
court Herbert Getohell was sdjudged to
be comon drunkard ami given Jail
sentence of 90 days.
Six common DRINKS were allotted pen
altics ranging from So and costs to 80
! days in Jail.
The case against Coleman Conlsy,
charged with maltreating Patrick Feeney
which was continued to yesterday morE-
ing for sentence. was again continued to
July 10th pending the development CT
Feeney's injuries. which are said 10 have
assumed q serious aspect. He was ordered
to furnish 500 bail for his appearance at
that time, and in default Of sureties was
remanded tc Jail.
Augustus Bunker was arraigned on
search and seizure complaint pleaded not
guilty and was ordered, after a hearing,
to pay fine of 500 and costs. He ap.
pealed to the Superior court and fur
nished $500 bail for his appearance at the
September term.
RESCRIpT OF GENERAL INTEREST
The following rescript was received
from the Law court yesterday:
Androscoggin, IS.
Lewiston and Auburn Horse r. X. Co.
and Trs.
Resoript-Although 1t may be conceded
that the directors Of the defendant COM
pany had no authority to yield the pos
session of the railroad to a syndicate of
bondholders, and that the operation of
the road by the syndicate should be
deemed to have been by and for the de-
PENDANT company, a majority of the court
are of the opinion that, when the syndi-
cate undertook cooperate the road, 1t
was understood and implicitly agresd be-
tween the syndicate and the directors of
the defendant company that the earnings
shouldibe held by the syndicate to reim-
burss them for advances which they
should make. and that 1t was competent
for the company to agree that the earn
ings might be SO applied at least, to the
extent of such advancements.
IL Is also the opinion of u majority of
the court that a formal vote Of the direct
ors or the corporation was not iueispens-
able to the validity of such an agreement.
Glitch VS.. Lewiston Mill Co. so Maine
at paga 3S and cases cited); that such n
agreement, as TO the application of the
earnings, made in good faith between the
company by its directors and syndicate
Of bondholders composed Of the directors
themselves and others was not void but
only vodalla, (Ke,ley Va Railroad, 141
Mass, 6; 3 Iaompson on Corporations,
scot. 4062l; that the claimant, Libby,
stood. SO far as this casesis concerned, In
the place Of the syndicate; that the ar
rangement made was beneficial to the de-
PENDANT company and should be sus-
tanned.
The earnings Of the road, deposited in
the trustee bank In the name of the
claimant were insufficient to reim nurss
him for advances already made by him,
In good faith, for the syndicate. If they
be regarded as the earnings and property
of the defendant company, still they were
held by Libby to reimburse himself for
advances made under the agreement, and
subject to his right to so reimburse him
salf. 1t follows that there was nothing
in the hands Of the bank which could be
reached by creditors of the defendant ON