Daily Kennebec journal., 1904-04-12
FROM LAW COURT.
Rescripts Announced at Bangor in
important Cases.

Bangor. Ne, April 1l.-One of the me st
important rcscrpts handed down from the
law court for some time was received on
Monday by Clerk Charles f.. Sweet. de
,ding the famous case of I.aiah NJ
Pierce against IIcrncrt J. Eanton ct al,
which has been in the law court for n
year and n half. The case was decided
In favor Of the plaintiff and r"manded
10 the court for assessment of damages
The action. which attracted a large
amount of attention from PenubScot 1um-
heTm-n two years ago. was reported to
the law court by agreement of both par
ties to the suit, from the October term,
E9
These are the reScripts:
Supreme judicial court. Penohscot coun-
ty: isaiah NJ. Pierce VS. Herbert J. Ban
ton et al RcSCript. Strout. }.
Hantun and Fiskc by written agreement
with Harry J. Bailey. authorized him to
enter the lower half of lot - south of
aud adjoining the l'iScataquis river, and
cut and remove timber.
Cnder this contract Bailey cut Z puan-
tty fl timber from the lower half of lot
-. which was replcvined from him by
William VI. El,lrldgr ct al. In that suit:
which was defended by Banton and
Fiske the plaintiff recovered Judgment.
The trial was UPON tn" issue or tue 10
IA" timber. based upon ownership of this
,l"cini finding that lot :! was owned by
E:ld,!dgc ct al. plaintiffs in that suit
The plaintiff in this cas-" is IN" as-
sianrc of Bailey. of all his rights under
lis contract with IIanton and FISkc. and
all rights of action which Bailey mad
growing out OF his operation under til"
agreement
Plaintiff claims that the defendants i'm
plirdly warranted to BAILEY their titl' to
th.. timber. The hCcnS" to Raiiry pro
Nidcd that sail grantee hereby agrees
that the said grantor shall reserve and
retain full and complete ownership and
an IumI,nr which shall he
and removed from the atortn"ntion'd
Premises" until all matters shall he set
tied AMI the agreed StumpaE' laid. Tins
language fairly amounts To an iSS' rtioa
of iitl, lay tn" liccnsors to the timber On
the permitted land. They could not re
serve and retain complete ownership "i
t.at to which they had no title The OK
preston H. equivalent to S:tytnS-Wc row
own this timber and we retain such own
.rship till pa. mcnt is made. Such aSStr-
tion of title is a warranty OF title, and
is as effectual to create warranty as
II, tull possession of the thing sold
1t having been shown that Eant"n and
Fiske had no title to the logs in contr"-
V"rsy. there was a breach of their Wlr-
ianty. for which they are liable.
The rule of damages is the value ci
the logs at the time when, and the pace
where. they were replevincd from Bailey.
and all costs. II amy. to which ne WAS
subjected by the rcplevin suit, less me
stumpase price he WAS to pay. to when
balance interest should h" added from
the date of the taking on the r"plrvn
writ.
In accordance with the agreement OF
the parties case rrmandrl for a.'Se%S-
ments of damages.
Supreme judicial court, Androsco%Ell'
county; a. NJ BumpGs and Chester II.
ThurSton VS. A. T. Turgeon, Eescript.
Powers. j.
1t is general rule of pleading that all
persons who are partners in 4 irfn whrh
contract is made with 1t. shouid l"Ih
in an action for the breach of Such con
tract
The defendant was indebted to firm
consisting of tn" plaintiff and Y. for lhm-
hrr purchased of the partnership. I. IN
fraud of til" plaintiff settled the account
i,y taking the defendants check Tor iar'
and the application OF the balance in dtS-
,harrc of rs individual debt to the de-
frndunt
Held that the innocent partner cannot
alone maintain suit to recover tht
amount SO applied.
Exceptions OVtrrulcu.