The Portland daily press., 1899-05-30
q. s. DISTRICT COURT.
Arguments Heard I'm Case of Abrsm
French Co. VS.. w. G. Chapman Trustee
An Appeal From Decision of Referee.

French Co. VS.. w. g. Chapman Trustee
An Appeal From Decision of Referee.
In the United states District court,
Monday, before Judge Webb arguments
were heard In che case Of Abram French
Co. of Boston VS.. W. q. Chapman, trus-
tee in bankruptcy of Robinson and Hodg-
son late proprietors OF the Casino at Cape
Cottape. The controversy arises on the
question of title to the crockery, silver
ware. etc., which were bought for the
Casino. by Robinson and Aodgson and
were used by them during the season OF
'gs. French g. Co. claim that the title to
the goods never passed from them to the
bankrupt; that 1t was a conditional sale.
the conditions Of which were not per.
formed and the French g. Co. a. vendors
claim they have a right to rstake the
goods from the trustee.
The trustee admits that 1t was q con-
ditional sale but that the conditions were
waived and the delivery OF the goods was
absolute; that even " the conditions
were not waived by the vendors. the con.
ditions were invalid, first by reason of
Revised Statutes, chapter Ill, section 8,
which provides that such condition be
In writing and signed by the parties to
be bound thereby. Second that even II
the statute does not apply between the
parties the trustee has thessights Of an At
taching creditor and as against him the
condition Is invalid by the statute and he
can hold the goods.
This was an appeal from the decision
Of Hon. Lewis Pierce REFEREE who decided
that the goods should be delivered up by
the trustees.
The case. was argued by Hon. Joseph A.
Locke for the claimants and BY W. q.
Chapman and b. l.. FERRIS for the srus-
tee. Judge Webb took the matter under
adyisemeut.
RESCRIPT FOR THE LAW COURT.
Cumberland, SIS.
Cumberland National Bank VS.. NJ. K.
ST. Clair ct ais.
Rescript by haskell, 1.-THE holder of a
promissory note secured by mortgage may
recover the contents Of his note from the
purchaser of the nortgaged property, who
assumes the mortgage debt and agrees
with the maker of the mortgage note BY
writing, not under seal, to Jay the same
In such case, where the transaction fairly
imports such to have been the intention
Of the parties, an implied promise by the
purchaser results from equitable consider
ationa to pay the debt to the holder of 1t.
Exceptions overruIed.
Androsoogain, SIS.
Joseph Breton. petitioner for habeas
corpus.
Rescript, Whitehouse, I'm the alb
ence Of any statute, II 1t Ia not stated In
either of two sentences imposed at the
same time that one Of them shall take
effect at the expiration of the other, the
two periods of time named will run con-
currently, and the two punishments be
executed simultaneously.
The petitioner on the first day of June.
1897, was convicted in the municipal
court of Lewiston upon two complaints
for Illegally keeping Intoxicating liquors
for SALE and received an alternative sent
ence Of 20 days Imprisonment in each
onse. IL was not stated which imprisoD
ment should be suffered first, nor that
sentence in either case should begin at
the expiration of the sentence in the
other. The petitioner duly appeared In
each case to this court setting below in
mist prius where upon default the judg-
ment of the court below was affirmed
and mittiInus ordered to issue; but
there was no order of the court declaring
which Imprisonment should he suffered
first, or that either should begin only at
the expiration of the sentence in the
other. The petitioner was committed to
Jail on the same day that Judgment was
affirmed, by virtue of mittim,is issued
by the clerk on that day while court was
In session. AT the expiration of the GU
days named in that mittimus the clerk,
without any special order OF court, as
sumed to issue mittimus In the second
case; and from imprisonment under 1t
the prisoner sought to beireleased upon
habeas corpus.
Held that the terms Of imprisonment
in both cases began to run concurrently
from the day of the sentences and ex-
pred at the same time.
Exceptions sustained. Prisoner dis
charged.
MUNICIPAL COURT.
In the Municipal court Monday, Vim.
Tobin, who was arrested by Officer
Sawyer for indecent exposure of person at
Deering Oaks, pleaded not guilty. He
was adjudged guilty and sentenced to pay
fine Of $40 and costs, sentence being
suspended during good behavior.
Michael F. McDonough was sentenced
to thirty days in Jail for intoxication and
to thirty days additional for maltreating
a hen.
Michael j. Joyce. for begging in Monu-
ment square, was sentenced to thirty days
in Jail. .....
Fourteen cases of intoxication were dis.
posed Of. e,..--
PETITIONS IN BANKRUPTCY.
The following petitions IN bankruptcy
have been entered in the United States
court: Charles H. Stanley. Lewiston !;