The Portland daily press. [volume] (Portland, Me.) 1862-1921, 1900-11-15
SUING BOwDOIN BOYS.
rwensy-ave Of Them defendants In the
Superior Court.


suit Of Stephen A. walker against
Charles e. II. Became. ct ais, in which
twenty-five Of the students OF Bowdoin
college appeared az defendants, came on
for trial. The plaintiff Is q provision
dealer inBrunswiok, and claims to recover
from the defendants the sum of s1Ss.U1,
being the balance Of bill for meat and
provisions.
The plaintiff is represented by Il. O.
Wheeler and Weston Thompson and the
defendants by U. q. Heard, Beane a.
Became, and CIsaves, waterhouse & Emery.
Charles Il. a. Beanie. the first defendant
named, is a son OF q member Of the firm
of Became & Beane.
The defend ants are members Of the
Delta Epsilon Fraternity, and boarded
with q woman by the name of Mrs. c.
Ii. Bruce. She bought her provisions of
the plaintiff. On the sixth OF Lass March,
the plaintiff claims that he told two OF
the boys, Cowan and Pratt, that he could
give Mrs. Bruce no further credit, and
that II she wanted any more provisions
from his store, they must agree to become
personally responsible; that Mrs. Bruce
hadn't anything for breakfast the next
morning, and they better hurry up and
make some arrangement. Thsreupon
q meeting OF the society was called ami
an arrangement entered into. as plaintiff
claims, by which the old bill Of SOB. 20
was assumed BY the boys In consideration
OF discount OF 1910, and all further pur-
chases we're to be charged to them,
Cowan and Pratt acted as agents for the
defendants in making this agreement
Under this arrangement provisions were
furnished to Mrs. Bruce to the end OF the
term in June. The plaintiff now claims
that there Is balance OF SIS. OF due on
the new bill, and that nothing has been
paid on the old.
The defendants, In the first place. deny
that they ever became responsible for the
old bill, and they further set up the
statute of fraud as to that, which requires
that such promise must be made in
writing and signed by the party to be
charged. The plaintiff contends that
this was not promise TO pay the debt
OF another, but that he discharged Mrs.
Bruce from her liability and took the
boys In her place, thus making them
what Is called in law original promisors.
In regard 20 the new account, dating
from the sixth OF March, the defendants
claim that the arrangement was entirely
different from that stated by the plaintiff.
Mr.. Pratt, who laims that he made the
final arrangement with the plaintiff on
the 7th OF March, states that he simply
agreed o behalf OF the boys, to turn
over to plaintiff the board of twelve stu
dents each week, amounting to $45; and
that IL Mrs. Bruce purchased less than
this the balance might be applied to the
old bill, which agreement was faithfully
carried out. The plaintiff admits these
payments, and has given the defendants
credit for them. One OF the students
also sets up the plea OF minority.
The boys say 1t is unreasonable to sup
pose that they would agree to pay an old
bill for Mrs. Bruce for which they were
In no way responsible, or that they would
enter into any such arrangement as
claimed by plaintiff, whereby they would
become responsible for any amount which
Mrs. Bruce might purchase. Cowan and
Pratt were the only witnesses called by
the defense.
After the evidence was ali out, the case
being SO complicated, and the points OF
law so numerous, 1t was agreed between
the parties that the case should be with
drawn from the jury and reported to the
Law court
MUNICIPAL COURT.
At yesterday mornings session of the
Municipal court, Judge Hin imposed the
following sentences for intoxication:
Elizabeth Hanlon, ninety days; Frederick
York, IS and costs; Arthur Cullerton, $40
and costs; Palmer Grinneil, thirty days.
U. S. DISTRICT COURT.
Petitions in bankruptcy have been filed
by Robert Ii. PuIien, Augusta; Patrick
M. Legere, jay; Benjamin X. Paine,
Portland.