The Portland daily press. [volume] (Portland, Me.) 1862-1921, 1899-07-27
THE COURTS.
THE LAW COURT.

Judge Emery of Ellsworth, has sue
ceeded Chief Justice Peters as the senior
presiding justice at the July law term.
On Wednesday the Cumberland county
cases were taken up.
In the Falmouth Loan and Building
association va. Blackstone, the defend
ants exceptions were overruled. George
Libby for the plaintiff; W. Edwin Ulmer
for the defense.
Falmouth Loan and Building associa-
tion VS.. Clara Griffin of Freeport, was
orally argued. Libby for tho plaintiff;
Ulmer for the defense. This was writ
OF entry on the foreclosure Of mortgage
for 500. To the writ defense filed de-
snurrer, which WAS oyerruled, whereupon
the ection was taken to the law court on
defendants exceptions to this ruling.
Next followed Fox VS. Dalton, J. O.
Fox for tho plaintiff; Il. v. Matthews fol
the defense. The facts briefly stated. are
as follows: John nj. Fox brought an
action ON the case against Charles b.
Dalton on an account annexed and thi
case was heard before Judge wiswell al
Portland, May 1, 1899. Judge Wiswel
awarded verdict for plaintiff OF 81
$3.50 A written assignment, put Into
the case dated October 0, 1893. transfer
ing from defendant to plaintiff certain
stock In the Yarmouth Manufacturing
company. 1t is claimed by plaintiff and
rulsd by the presiding justice that this
transfer and assignment was intended al
collateral security for the amount Of In.
debtednsss owing by defendant to plain.
tiff and that said stock Is still held by tbs
plaintiff as collateral for such indebted
ness. To this ruling the defense excerpts
Farnhsm Gin review) vs. Place wai
ergued by Augustus Moulton for the de-
fence and David Snow for the plaintiff.
At the last April term of the suprems
court Place brought action OF assumpsit
against Horace Farnham to recover fol
his services in caring for the Rigby track
during the season OF 1856. He recovered
verdict OF $3.50. The defendant moved
for review of evidence on the ground
that the claim should have been brought
against the Maine Mile Track association,
owners of the track.
The case of John +. Proctor vs. e. NJ
Rand. trustee, was argued at the after
noon session. The controversy Is over
lot of land on the corner Of Pearl anS
Congress streets aud was purchased som,
years ago. the deed having been made II
John W. Lane with whom Mr.. Proctcl
was engaged In real estate transactions
He. Proctor; claiming that he furnished
part of the purchase money and wal
thereby entitled to conveyance from
Lane OF ons-half OF the title. Clarence
Peabody argued for Mr.. Proctor and e.
NJ Rand Per Sc.
Bill In equity of W. Edwin Uimel
against Maine Real Estate company AND
Falmouth Loan and Building association
Argued by MIR. Ulmer for complainant.
and George Libby for corporations.
MUNICIPAL COURT.
In the Municipal court yesterday be.
fore Judge Hill, Alden Or asf was ar.
raisned on the charge of eva ding his far,
on the Boston and Maine RAILROAD, com
Ing from Boston to Portland, and wa
fined SEQ with costs.
There was disclosure examination be
fore Judge Hin In the action of Gray vs
Locke and Russ, trustee.
BANKRUPTCY CASES.
In the United States District cour
petitions In bankruptcy have been lille
by Shepherd Cummings of Gainesville
and Samuel Whittemore of Skowhsgau.
Judge Webb handed down an order sus
tanning the ruling of Refsree Pierce, whs
granted the petition OF Abram French
Co. for an order compelling the trustee o
George d. Robinson In bankruptcy to de