The Portland daily press., 1899-11-24

Petition in Bankruptcy
in u. S. Court.
Anxi iary Receiver for the At
laDtic Transportation Co.

In the Supreme court yestordsy morn
ing Judge Strout gave hsasing IN
chsmt ers ON the petition Of the Cheese
psaks and Obi, railroad for the appoint
msnt on an aneillsry receiver for the At
lnntio Shore Transportation COMPANY.
The petition was opposed by the Western
National bank of New York, which has
a mortgage ON ssyeral Of the vessels Of the
Atlantic oompany's fleet After hear
ing. the petition was granted aud Francis
Swayze Of New York, was appointed no
oeiver.
ssiders and Chase appeared for the pc
titisner and Charles y. Libby for tho de-
tense.
PROBATE COURT.
Yesterday Judge Peabody gave hear
ing on the petition for the probate Of the
will of the late Caroline Gooid OF Port
land and the appointment OF Albert
Stevenson and James A. Tenney, both
Of PORTLAND, as administrators OF the es-
tats with will annexed. The granting Of
the petition was opposed by the heirs OF
the late william, II. Stevenson on the
ground that they should have representa-.
tion and that Albert Stevenson is at
pressns a resident Of California. rather
than of Portland.
U. Is. DISTRICT COURT.
Petitions In bankruptcy have been filsd
by George 6. Buzzen Of Lewiston, Frank
N. Fairbanks of Unity, Edward Lobdsli
of Portland and Vim. II. LIBBY Of Mat
tawamksag.
REsCRIPTs HANDED DOWN.
Marcsiius r. Knowiton, in equity, W.
Ida NJ. Bradbury.
Rescrlpt by Strout, April /. 1885,
defendant leased to plaintiff the Windsor
hotel, In Belfast, for the tsrm Of three
years from that date, at n rental Of eiseO
a year, from which rental plaintiff was to
retain two hundred dollars annually to
be expended on repairs on the inside Of
the hotel, ''as ne DESIRES" the
lessor 'to keep the outside Of said hotel
In repair" 'ssaid KnowIton to do all re-
pairs on the inside of said hotel" The
lease also provided that "said Knowlton
is to have the right to purchase said
prsm,ses for seven thousand dollars at
any time during said tsrm."
Plaintiff entered into possession Of the
hotel on April /, 1896, and has ever since
retainer such possession, and prior to the
Hing Of this bill, and within the first
year Of his tenancy. he had expended sig
hundred dollars In inside repairs, and
regularly paid or rendered the defendant
her net rental Of one thousand dollars per
year.
1t is in evidence that the plaintiff sold
Intoxicating liquors in the hotel, Tor
which cause defendant claimed to termi-
nate the lease. and to this end brought
process Of foroible entry and dstsiner
against the plaintiff ON August %. 1897.
No other cause Of forfeiture ID suggested.
While that process Was pending. this bill
was brought, In October, 1897, praying an
Injunction against further proceeding
with the foroible entry and detainer cAse
and for specific performance of defend.
ants contract to cover the premises to
plaintiff on pay went of seven thousand
dollars Injunction pending the bill was
granted.
Il. 5. o. IL. SEQ. q, does not provide
that lesss shall be void II the lessee sells
intoxiosting liquors therein. but gives
the lessor the option to avoid 1t, II he
chooses. II he does not claim a forfeiture,
the lease continues. the lessee remains
liable far rent according to Its terms, and
subject to the performance Of his other
covenants contained therein. 1t II aRala-
gous to the option of the landlord to enter
and expel the tsnsDs. II he fails TO pay
the rent, bat 1t win not DO claimed, In
the absence of suoh election, by the lessor,
shat the lease is at an end.
In this oass. the plaintiff appears to
have expended about six hundred dollars
In repairs during the first year Of tbs
term, and 1t il negotiable that the de-