Daily Kennebec journal., 1904-12-23
LAW COURT.
Hearing on Washington
County Cases, Thursday.
Three Rescripts Handed Down
by tho Court.
York County Cases Viii Be Disposed
Of Today.

nl"ntS % the term. ana We're somewhat
lengthy only four cases being submit
ted for oral a! isument.
The attorneys from York county were
present at the afternoon session ready
to argue their respective cases. The
dOcket was not read for this county
until late in the session and will oc-
cupy the entire. time proceedings today
ard part Of tomorrow. The oral arstl-
mcnt Of cases is expected to be compict-
ed today although coart will probably
not adjourn until late in the day.
The cases of Washington county were
disposed Of as follows:
Chadbourne VS.. brotherhood Accident
Co, Cont.
Holmes ct. al US. Sea Coast Canning
Co., orally argued.
Holway in Ed. VS.. Anes ct. al. Admrs.
Cont.
Inhs. of Machias rs. Mclaughlin ct.
ais, Cont.
Kemp in Eq. VS.. Sea Coast Packing
Co. ct. ais, Cont.
Munson vs. Huntley, noction and ex-
ceptions overruled for want of prosecu-
ton.
Putnam VS.. Grant ct. al, Cont.
Thompson ct. al. VS.. Dyer & IT., oral
ly argued.
Whea.land ct. ais. VS.. Williams. oral
ly argued.
Allen ct. ais. Assignees VS.. Walling
motion overruled for want of proSecu-
ton.
Boynton in Eq. VS.. Hall ct. ais. Cont.
Estey Organ Co. rs. Walling, motion
overruled for want Of prosecution.
Poole Piano Co. VS.. W'alling. motion
cverruled for want Of prosecution.
In the case of Edward Holmes
against the Sea Coast Canning Co. J.
H. McFaul and John II. Lynch appear
ed for the palintiff and Hanson and st.
Clair for the defendant. The plaintiff
was found guilty Of the charges made
by the defendant and was assessed
damages in the sum of S453. The plain
tiff's counsel appeared to pray for the
setting aside of the verdict on the
grounds that it was against the law and
weight Of evidence. and Furthermore
that the damages were excessive.
The above case has caused consider
able interest among court followers in
general owing to the peculiar law
points involved. The defendant pur-
chased Of the plaintiff number Of
hogshead Of smoked herring. to be used
for canning purposes. the purchase
amounting, at current prices $18O.92.
When the consignment; arrived about
one half Of the herring the defendant
sets forth were unfit for use in its busi.
ness and he consequently REFUSED to'
pay for the same. The plainti4 on the
other hand claims the goods were de-
livered as ordered, in frsS-class condi-
tion..
The argument by the spunsel were Of
considerable length. ana proved very
interesting. Decision was rserved.
The next case to come before the at
tention of the court was that of Cyrus
thompson and others against, Minnie A.
Dyer and Trustee Frank Z. Shaw.
J.. H Gray and Albert S. Goodman
acted as counsel for the plaiftin and
w. r. Pattangall for the Attendant.
This was an action of assuihpsit. on
account of merchandise sold by plain-
tiff to the principal defendant Minnie
l.. Shaw previous to Oct. s, 1Sgoamount-
ing to $2s2.54. Frank J.. Shaw Of Ma
chias was alleged in the writ to be trus-
tee Of the goods. effects and credits OF
the defendant. In the defence he prays
to be released on action. as he absolute
~ denies the allegation of the plaintiff
to being the trustee If the defendant.
The case was brought to the atten-
ton Of the law court on the motion for
new trial by the plaintiff on the
ground of newly discovered evidence.
At the April term of, the supreme judi
cial court, Justice William p. White
house presiding verdict was rendered
against the plaintiff and defendant re-
leased without payment of costs.
Decision was reserved.
The last case for argument from
Washington county was that Of Geo.
Wheatland, and others against Emma
Williams. Since the FIRST action was
brought the defendant Emma Williams
died and Gilman n. Williams sole de-
visee under the will OF the deceased APP
peared as the party defendant. The
plaintiff was represented by J. n. Gray
and John F. Lynch. and the defendant
by the law firm Of Pattangall &, Smith. 1
The plaintiff moves for a new trial
on the ground Of newly discovered evil
dence The plaintiff claims that the de-
1cn0dnl nOiOS uuyuStiy ScTtddu idH1o
in the town Of Cutler and prays for
the possession Of ths said lands.
The verdict in favor Of the defendant
was rendered at the January term Of
the supreme judicial court. Associate
Justice Frederick A. Powers presiding.
Decision was reserved.
York county cases will be in order.
today. the order Of which appeared in
Thursday mornings edition Of the
Journal
Among the out-of-town attorneys
present at the days proceedings were:
w. r. Pattangall. A. d. McFaul and
John F. French of Machias: ]. H. Gray
of Lubec: L. B. Deasey OF Bar Harbor;
Howard r. Ives Of Portland: George
NJ. Hanson Of Calais: Henry Hall of
Ellsworth; L. H. Newcomb Of Eastport
and Judge Enoch Foster of Portland.
The following rescripts were handed
dowf yesterday: