The Somerset reporter., 1900-01-04
Somerset 8. j. Court.

D. NJ W
A. MERRILL, r. y. WILLIAMS, w. +. MUTT, Z.
r. HAx, U. B. HASKELL, 3. w. HRRRIcK, T.
8. PARSONS. W. Guy PESSRLL-
In the case, Adelbert A. Stevens vs. L.
G. Farnham and TT, on trial when we
went to press, THU sday, the jury re-
turned verdisi, Friday morning, in
favor of the plaintiff for $13.42. This
action was brought to enforce payment
of a note of $52 held by the Plaintiff
running against the defendant. The de-
tense was payment of the note while In
the hands of the payee, Milton Z.
Stevens, the note having been purchased
of him by the plaintiff. A. K. Butler
for plaintiff; Brown and Brown for de-
PENDANTS.
The case of the Skowhegan Manufac.
turing Company, vs P. 2. Herbst OF
" aterville was tried, Friday. The
action was brought to collect for the par
value of one share of the stock of said
defendant corporation, alleged to have
been subscribed by the defendant. AT
the time subscription was made Mr..
Herbst was In business in Skowhegan
but soon thereafter sold out to II. P.
Merwin. The defense was that the de-
PENDANT did not subscribe the share OF
stock alleged and did not authorize any.
one to subscribe it for him. The jury
gave the plaintiff corporation verdict
for $l02 70. Fl. D. Eaton appeared for
the plaintiff and G. F. johnson for the
def ndant.
The case Willie A. Smith Va Julius x.
Small came up for trial, Friday after
noon. This wss an action to recover for
labor claimed to have been performed
by the plaintiff in 1894-5 when a boy 10
years of age, s months work at $40
per month. The defense was that the
boy was at work for the defendant for
his board and clothes and that such was
the agreement. Saturday afternoon the
jury returned verdict of $58 38 for
the plaintiff. Walton d Walton for the
plaintiff; j. F. Holman and E. N. Merrill
for the defendant.
Trial of the suit David NJ. Corson vs.
George McCollar, executor de son tort of
the estate of Heman Foss, deceased,
brought to recover for note given to
the plaintiff by said Foss, was entered
upon Saturday, but the suit was discon-
tinued the parties agreeing to have an
administrator appointed who should
have power to settle the claim. G w
Cover for the plaintiff; Danforth d
Gould for the defendant
In the case Smith vs. Small in which
the jury gave the plaintiff verdict the
defense moved to have the verdict set
aside. The argument on the motion
was heard by the court. Decision re-
served.
The case Margaret NJ. Rawles VS.
James Tuttle was defaulted also two
cases Samuel Bunker vs. Mrs. Addie
Gray ct al.
Joseph Wallie Goulett vs. L. Anderson
Co, action for personal injuries. The
plaintiff was at work in the mill of the
defendant corporation at Skowhegan,
engaged In carrying oil of vitriol in a
pitcher from one place to another in the
dye room. He claimed that as he was
about to empty the vitriol into the car
bomber plank upon which his foot rest
ed, being fastened improperly, slipped,
letting him down suddenly and spilling
the oil of vitriol over his face and neck
and clothes, burning him severely and
destroying his clothes; that he was laid
up several weeks, and is permanently
disfgured by the scars on his face and
neck. He claims damages in the sum of
$4,000. The defendant claims that it
was not negligence. that the injuries
were slight and that whatever damages
were sustained had been fully paid and
settled Plaintiff denies the settlement
and claims that If any settlement was
made it was obtained through misrepre.
sensations. Verdict for the plaintiff for
61OS4. Forrest Goodwin for plaintiff,
Geo. W. Cover for the defendants. The
defendants will carry the case to the law
court on motion and exceptions.
Charles v. Look vs. John p. Norton.
Action of trover to recover for certain
hay and other farm products, taken from
land claimed by the plaintiff. The de-
PENDANT claims that one circuit had the
right of possession and equitable title In
the premises and that he, the defendant,
was acting under lease or agreement
made by him with said Orcutt Geo. W.
Cover for the plaintiff; Walton &
Walton for the defendant. On trial.
The following divorces have been
granted: Mary l.. Thomas from John
W. Thomas; May e. D. Harris from
John d. Harris; Mae Bradbury from
William Bradbury; Lizzie Color from
Joseph Color.
The following decision of the law court
has been received by Clerk Brainerd
Somerset County-Frank s. Bigelow
ct al VS. Levi R Bigelow ct ais. In or
der for a mortgage to commence the
foreclosure of mortgage by an action
at law, he must first obtain under our
statute, q conditional judgment, and be
fore such a judgment can be rendered
the amount of the Indebtedness secured
by the mortgage must be determined
and adjudged by the court, If there ia no
indebtedness a plaintiff can not have
such Judgment any more than if it had
once existed but had since been paid.
1t is therefore competent in such an
action for defendant to show by parol
evidence or otherwise. that the mort.
gage was originally without considera-
ton. A pai oil gift of land accompanied
by possession by the donee. will be en-
forced in equity, when the donee has
been induced by the promises of the
gift to make valuable improvements to
the land of permanent nature, and to
such an extent as to render revocation
of the gift unjust, inequitable and a
fraud upon the donee. But 1t must
clearly appear that the acts relied upon
as a part OF the performance were done
with view to the performance of the
contract, and slight and temporary cree.
tions for the tenants own convenience
give no equity. 1t is considered by the
court that the circumstances of this
case do not bring it within the principle
az above stated. Motion sustained
New trial granted.