The Republican journal., 1904-04-28
SUPREME JUDICIAL COURT.
Hon. S. c. STRoUT, JUSTICE PRESIDING

| =
The Court adjourned over Fast Day and
re-opened Friday morning.
Nancy J. Rose ct al, petition for part l.
tion, vs.. Albert H. Rose. The contest was
in regard to the division of the real estate
of Loren Rose, late of Brooks, among the
heirs Judgment for partition. Thompson
for petitioners. R. F. DuntOn for defend
ant.
Eliza Webber VS.. Alfred w. Grant Ac-
tion on mortgage on real estate in Mon
roe. Judgment as of mortgage. Brown of
Brooks for plaintiff. H. C. Buzzell for
| defendant
| Chas. E. Lane VS.. Mary J. johnson; &C
tion for rent on property in Brooks. De-
faulted by agreement for SsS. Brown of
Brooks for plaintiff. Greer for defendant.
| Chas E. and Chas. A. Lane VS.. Chas. H.
| Elwell; action for rent on property in
| Brooks. Referred to Hon. Geo. E. johnson.
Brown of Brooks for plaintiff. Thompson
| for defendant
| j. f. Cook VS.. Lydia J. Parsons, action
to recover for medical services. Referred
to F. A. Greer. Brown of Brooks for
plaintiff. Thompson for defendant.
| AlOnZo Dutch VS.. Wales NJ. Shaw: BEL
fast parties; action on account. Referred
Mcclellan for defendant.
| VIM. B. Sprow VS.. Michael J. Coyne, ac-
| tlon on mortgage Oh real estate in Win
terport; judgment as of mortgage. Bowden
| for plaintiff.
| Fred W. Canney VS.. Wilmot L. Gray ac-
tion to recover on account of goods alleged
to have been illegally taken by the defend
ant in his capacity as Deputy Sheriff, out
| side of his jurisdiction. Offer filed to be
! defaulted for $50. Goodwin of Skowhegan
| for plaintiff. R. F. Dunton for defendant
| Wilmot Hamilton VS.. j. W. Hobbs; ac-
| tion on account annexed for $40, for lum-
| Der, labor, etc. The defense was store
account in set off. Tried by jury. Verdict
| for plaintiff for IS cents j. R. Dunton for
plaintiff. Thompson for defendant.
Mary E. McAllister VS.. Horace and Amos
E. burlington. The late Hiram McAllister
of Burnham short time before his death
| sold to the defendants, who are wholesale
brick dealers in Waterville, Cos cords of
| wood, and received from time to time from
them checks to the amount of S1,216. After
! his death his wife, who was Administrative
| of his estate, brought suit against the Pur-
| ripgton's for 1904, claiming that the price
agreed upon for the wood was $3.50 per
cord. The case was entered at the Septem-
Der term, 1902, and was tried at the January
| term, 1908. There was no written agreement
as to the price of the wood, no charges on
| McAllister's books nor any credits for wood
| on Purrington's books. The latter explains
| this by saying that wood was not part of
their regular business, and this trade was
an outside venture. The trade was wholly
! verbal and, AS Mr.. McAllister was dead the
defendants were not permitted to testify.
The evidence was, therefore, confined to
other persons who heard more or less of the
conversation of the parties in regard to the
transaction. The defendants claim that the
last check of S216, just balanced the ac-
count at the price agreed upon, $500 per
cord The plaintiff claims that it was a
| payment on account. No receipt was pro-
duced to cover this payment, but the de-
F! PENDANTS cheek book showed payments ag-
gregating S1,2l6. At the first trial the jury
returned a verdict for the plaintiff for the
| full amount sued for, with interest, amount
ing in all to S3l079. The defendants filed a
motion for a new trial. The Law Court
sustained the motion, set aside the verdict
and granted new trial, stating in the re-
; script that the verdict was against the evil
dence and was evidently influenced by
| sympathy. The second trial began last
Friday before the second jury. Frank l.
Pendleton of Searsport was foreman. A
few members were excused on request of
the attorneys, leaving the panel one man
short after using the supernumerares.
Orrin j. Dickey was drawn as juror from
| the spectators in court. The case continued
to Saturday noon when it was adjourned to
| Monday. 1t was reopened Monday morning
and the jury retired about p. NJ. The
trial was substantially the same as at the
previous term. 1t was ably conducted for
the plaintiff by W. II. Mcclellan, Esq OF
Belfast and for the defendants by Hon. S.
S. Brown of Watervlle. After being out
three hours the jury returned verdict fol
the plaintiff for S3s1.o4.
Preston II Freeman, petitioner, VS.. Marx
A. RolersOn; petition for partition of the
real estate of heirs of Mark Rolerson, late
of Searsmont. A. G. Caswell, O. D. Viii
son and II. E. Holmes appointed to max,
partition. r. F. Dunton for plaintiff
Thompson for defendant.
John W. Hobbs VS.. Oxford County Pa
irons of Husbandry Insurance Co.. actiol
to recover insurance on buildings burn e'
in West Winte rport. Judgment for plain
tiff. j. S. Wright of South Paris and Cor
nish & Bassett, Augusta, for defendants.
John W. Hobbs VS.. Granite State Fire
Insurance Co., action to recover insuranc
on buildings burned in West Winterport
Judgment for plaintiff for $500, withou
costs. Thompson for plaintiff. Cornish 1
Bassett for defendants.
Nancy J. Rose, petitioner, vs. Albert Fl
Rose; petition for partition of real eStat
of Loren Rose, late of Brooks. w. A
Bragg, F. A. CuShman and j. W. Brocl
appointed commissioners to make partition
Thompson for plaintiff. R. F. Dunton fo
defendant.
w. L. Bickford VS.. H. NJ. Flagg, action
recover the value of horse sold to the dc
, fendant, SIS. The case was heard in tn