The Portland daily press. [volume] (Portland, Me.) 1862-1921, 1899-05-16
GROUND RENTS INVOLVED.
Interesting Case Arising From Lease
Made After the Great Fire.

In the United States court on Monday
afternoon the time was occupied by the
trial Of an interesting case arising out
of a leass Of real estate made In Fort
land soon after the great fire. A new
iurv had been summoned In expectation
of the trial OF the remainder of the Fair
field Floral cases, and the case was tried
before this jury; Winthrop 8. Jones,
(foreman), James l.. Brown, ]. Scott
Jordan and Freeman II. Brown of Cape
Elizabeth; James II. Small, Melville p.
Hunnewell and George Sweetser of Scar
boro: John I. Foster and Alden Petten-
gill of Portland; Charles G. Bailey, Edgar
A. Durell and Charles II. Pride of West
brook.
The lot Of land involved was described
in 1867 in the lease as "a store lot ON the
northerly side of Middle street in said
Portland, between the lot now owned by
the heirs Of the late Martha f. Trask and
the lot now owned by David Keazer. 1t
is the lot now occupied by the Keith s
drug store.
The title of the case was Edwin h.
Abbott, administrator Of Miss Abbie A.
Steele vs. the York County Savings Bank.
For the plaintiff Messrs. George E. Bird
of Portland and William H. Dunbar Of
Boston appeared. For the defendant
Judge Enoch Foster appeared.
| The action was brought January II
last. The writ of the plaintiff describes
the conditions of the case as follows:
| Il han a a "a
to Thaddeus G. Lewis certain premises
in Portland for rs years from October .,
1867, at the rate of s450 per year, in quar-
terly payments with the further provision
that MIR. Lewis should erect three story
brick store on the lot and continue IL
there and pay the taxes during the time
of the lease. At the end of 20 years the
lessor or his representatives wers to have
the privilege of extending the lease for
ever on the same terms On December
IL, 1867 and March g. 1865, Mr.. Lewis
assigned all his interest to the York
County Savings bank then called the
| York County Five Cent Savings Institu-
ton. On January 10, 1878, the defendant
bank foreclosed and entered into possess
sion of the lease. collecting rents at the
rate of $1,000 year. From 1873 to 1898
the bank paid to the lessor or his repre-
sentative the stipulated rent.
| About August 8, 1871 Eben Steele died,
devising the premises to his daughters
Abby A. Steele and Martha L. Abbott
Later the whole interest was vested in
Abby A. Steele.
October 80. 1893, Abby A. Steele died
intestate, and December 30, 1898, Edwin
Ii. Abbott was appointed her admins
TRAITOR.
| October 3, 1892, the lease expired and
Abby A. Steele elected in exercise of the
privilege reserved to the lessor by the
terms of the lease, to extend the leas to be
perpetual lease on the terms originally
agreed to. 1t is alleged that the defendant
asssnted to such extension, but that the
bank has not paid the rent since January
/, 1898. This unpaid rent has amounted
to $685.. 80, not counting the interest.
The reply of the defendant wasl that it
never promised in regard to the extern
sion of the lease as alleged, that at the ex-
piration of the lease for a term of 25
years the lessor or their representatives
gave no notice to the defendant OF an
election TO renew the leass, and never ten
dered any lease to them to be executed, or
demanded of them the execution of any
new leass or expressed to the defendant
any intention of an election so to do;
and that the lessons or their representa-
tives made no demand upon the defen-
dant to pay rent at the rate fixed in the
original lease, or any other rate, and
! that the defendant has occupied the
premises since the expiration of the origi-
nal lease without any promise express or
| implied for the payment of rent, unless 1t
be reasonable rent to be a5certained or
agreed upon by the parties or upon fail
ure thereof to be determined by the court
| The first witness was MIR. Edwin h.
| Abbott of Boston, the administrator. He
said that he had not been able TO come to
any understanding with the representa-
tives of the bank, as they had alway s
put him off with talk about buying the
land. -
Judge Foster in cross examination fore
Swallowed claim of his client that the
rent was excessive.
| Mr.. william II. Anderson of Portland
testified as to certain interviews which
he had had on behalf of Mr.. Abbott with
| representatives of the bank. He had en-
deavored to ascertain what the bank had
proposed to do about the Lease and had
talked with Treasurer Ingeroll. The wit
ness was going on to testify as to what
Mr.. Ingcrsoll had said when.Judge Foster
objected that, as bank treasurer could
not sign mortgage he could not renew
q lease in "A way binding on the bank,
| The court excluded the question.
| Witness then went on to testify as to
whether OF not he had demanded the
| rent OF the II easurer.
! Judge Foster again objected but Judge
Webb thought if the rent had been de-
manded of the treasurer that the question
was admissible.
The witness then testified that he had
not demanded rent