Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1904-12-29
SOMERSET COURT.
Mclean VS.. Gushing on TriaI-List Of
Cases as ASSIGNED.

The first civil case placed on trial
Was that of VIM. E. T. Mclean VS.. Ira
W. Gushing. The amount sued for is
S3c0, the action being for damages for
an alleged deceit in the sale of a horse
sold the plaintiff by the defendant. The
purchase price of the horse was s115
Tor which Mclean gave his note. The
note was afterwards transferred to
Bracket & Russell of Norridgewock.
who were innocent holders and Mclean
was compelled to pay it. The plaintiff
alleges that at the time of the sale the
defendant warranted the Soundness of
the animal. but that as a matter of
fact the horse WAS chest -foundered and
sore IN the forward legs. shoulders and
feet: that he subsequently claimed the
right to rescind the sale, offered to re-
turn the horse and demanded that the
defendants take up the note.
The defence is denial of the war
ranty of soundness and also that the
horse was suffering from the defects
alleged in the declaration. Further
the defendant claims that he promised
he would return the note if the plain
tiff would give up the horse and pay
him $25 and that the plaintiff agreed to
this arrangement. actually depositing
the money with one Mrs. Cults to be
applied to that purpose, but subse-
quently the plaintiff went back on his
agreement and took back the SIS.
The case is unfinished. Augustine
Simmons. Esq, appears for the plain
tiff. and Forrest Goodwin, Esq, for the
defendant.
The grand jury will probably rise,
this morning.
Cases have been assigned for the re-
maindcr of the term as follows:
THURSDAY. DEC -
Ella A. Trefethcn vs.. Nettie T.. Prince ct
-, al Goodwin Butler & Butler,
Gould: W. Y. Patch.
Joseph w. Wilson vs., David d. WinSlOW.
Goodwin: Manson & Coolidge.
Herbert r. Hilton vs.. Charles r. Hanson
ct al. Lewis: Morse & Anderson.
FRIDAY, DEC. so
James Leslie johnson. Lib. VS.. Ada NJ.
Johnson. John W. Foster.
Moves II. Williams vs.. ". p. Palmer.
Smith; Chapman.
Albra r. FIVE vs.. Charles Danforth.
Admr. Smith Johnson.
SATURDAY. DEC. 81.
Hanson G. Walker vs.. Howard c. Cook.
A. II knight vs.. r. w, Brown. Gould;
HrOwn pro So.
BERTHE A. Dageett ct al. EXrs., VS.. +. w.
Fred A. Brown VS.. d. NJ. Parks. w. B.
Brown: Morse & Anderson.
MONDAY, JAN. 2.
George IT. Carter vs.. J. H: Weymouth ct
ais. W. p. Brown; Williams.
Clarence w. Green VS.. Asa c. Brickett.
Goodwin. Ames; H. l.. Hunton.
Tuesday IAN g.
Flavel NJ Wyman vs. Piscataauis Wooden
Co Williams: Stewart. David r.
Lucinda B. Pike VS.. Piscataquis Woolen
60. Williams; Stewart David r.
Stephen F. Ladd VS.. Inhabitants of
Starks Ames; Cover.
WEDNESDAY. JAN 4.
Augusta Grard VS.. Louis Breton. Clair;
Chapman.
Pelopie tirard VS.. Louis Breton. Clair:
Chapman.
THURSDAY. JAN. ;.
Fred T.. Hubbard pro ami vs.. Andrew
Wheeler Crocker. Waldron; Manson &
Coolidge.
Henry b. Spitz ct al. VS.. George H: Morse.
Admr. Walton & Walton; Morse &
Harry II. Thurlow VS. Hiram Church.
Goodwin; Waltons.
FRIDAY. JAN. 6.
Ann NJ. Iarcey ct ais. VS., David NJ.
Parks. Sanborn, Merrill: Morse & An
John II. Withee ct al. VS.. J. II. Baker
and TT. Hussey: Morse & Anderson.
Ernest G. Haskell VS.. Turner Robinson.
Chapman: Weeks.
Alvi roxnsen dcw Morse vs. An aTT rson
4 Anderson: l.. c. Stearns.