Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1900-01-12
LAW COURT DECISIONS.

These decisions have been received
I from the law court:
Hancock County.-H H. Nevens &,
Go. vs.. Bulger Brothers In suit To
/ recover merchandise sold to a partner
ship from what one partner had retired
unknown to the plaintiff. the publica-
tion of notice Of dissolution. not known
| to the plaintiff is inadmissibe in evil
/ dence. Postal cards. signed by the de-
| PENDANT firm, ordering goods of the
plaintiff Were competent evidence I'd
show the sale Of the goods and for this
purpose We're admissible. even though
they We're not written by the authority
Of the retiring partner. All the part
ners of a firm that has had continuous
dealing with another are liable to him
for goods pure hased Of his upon the
credit Of the firm after dissolution of
IT, if he have no notice thereof. Excep-
tipnS ovcrruled.
kennebec County.-Charles +. John
son. assignee, vs.. SkoWhegan Savings
Bank. Ware. plaintiffs assignor
bought certain logs. knowing them to
b" mortgaged To the defendant bank.
H. sent his notes. payable To the order
Of his vendor. on three six ana nine
months. for more than was due on the
mortgage to the bank, So that the ven
dor could not appropriate them ana
leave the mortgage outstanding. War,
failed. The bank did not apply the
notes 70 the payment Of its mortgage
debt ana cancel or surrender the mort
gage. 1t never intended To surrender
its security. and it never did. Judg-
ment for defendant.
Piscataqus County-AndreW J. Wey-
mouth. ct ais, vs.. Isaac Beatham. He
who undertakes to drive logs inter-
mixed With his own at the expense of
the owner of them must drive them
reasonably clean to their destination
before he can recover compensation
therefor. This the plaintiff did not do.
and therefore he cannot recover. t,x-
ceptions overruled
Sagadahoc County.-Samuel Knight ct
ais, vs.. Eugene Thomas ct ais. 1t is set |
tied law in this State that writ of man /
damus can only issue at the instance 81 I
public officers to subserve a public right /
hut an individual MAY move for the writ 4
when MS personal rights have been in 4
Naded beyond those rights that he enjoys .
as part of the public and that are com .
mon to everyone. The public consists ~ 4
! lf cntllt community. persons VINO pay N
taxes ana persons who 40 not. Their in \
'erest is the raising of revenue by taxa
non or otherwise to provide for the eX-
nehSts nf government, public works pun
llc institutions ana public charges The .
taxpayers interest is in COM
mon with all these. but he has another
interest peculiar to himself. that taxes
1n Il Pc assessed equally. - that his bur
lth snali not be greater than equality Of
TAXATION shall impose. His personal in
lcrest, therefore. by the emitting Of
property from taxation i'll his own town
would pc invaded thereby beyond that
enjoyed in common with the public. and
ne may well be allowed to move for the
WIZ u protection Of it. An individual
compel the assessors To ATT: that is. ID
tSSeSS an the property in their town. but
ne valuation thereof must bc liked by
r'Ili atc9rdlng 70 their honest judgment
Ii'iti liieir oath. which cannot be revised
y nianuamus For the land not assessed
ne petitioner might have had the writ