Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1905-12-21
Disposes Of Piscataquis
and Waldo County Gases
AtWednesday's Session. Three
Cases in Which A. P. libby
And Others Are Defendants Argued as One
Washington Cases Today.


be considered, the initial case on the
docket being that of John Rogers VS..
Wallace c. Brown, and the First
National Bank of Guilford. Trustee
Hudson and Hudson appeared for the
plaintiff and ]. S. Williams for the de-
PENDANT.
This case came to the law court on
executions by the defendant who it is
alleged in the original writ, purchased
groceries of the plaintiff to the amount
OF 500 IS and had to his credit by money
payment ard poultry $52.27 and i'll the
action the plaintiff seeks to recover the
balance, Il verdict being returned i'll
his favor at the September term OF the
Supreme Judicial Court at Dover.
The argument of the defendant cOun-
sci was that the verdict returned was
against the evidence inasmuch as no
definite contract existed between the
two parties, and even had there been
the attachment of the goods and estate
of Wallace c. Brown was unwarranted.
Aside from this exceptions were taken
to the rulings of the presiding justice
on the administration of evidence.
The next case to be considered was
that of John S. Williams. Assignee VS..
Columbus Z. Ellis and William T..
Wise. Appearances: John S. Williams
and Willis f. Parsons for the plaintiff
and Hudson and Hudson for the de-
PENDANT Verdict at the September
term Of the Supreme Judicial court
held at Dover was rendered in favor of
the defendant and the exceptions We're
filed by the plaintiff.
The plaintiff as an assignee brought
an action against the defendant for
malicious prosecution. The defendant
denurred on the ground that an
assignee has no such right of action
for the benefit of creditors. The
demurrer vas sustained by the presid-
ing justice To which the plaintiff comes
to the law court on exceptions.
Following the PiscataQus cases those
of Waldo county were considered and
the following cases: VI. T.. Hollis vs.,
Arthur r. Libby ct al; Edwin &. Swift
VS.. Arthur P. Libby ct al and Matthew
Luce, Jr., Admir-. KS. Arthur P. Libby
were argued as one, Cornish and BaS-
sett appearing fer the plaintiffs and
F;noch Foster and r. W. Rogers for the
defendants.
This case came to the law court on
report and in the concise declaration
hat follows the litigation is clearly
shown.
IN plea of the case. for that at
said Belfast. to wit, at Wat"rvili" in
the county of Kenncbcc and state
aforesaid. on the 18th day of July. 1897,
the said Isaac G.. Libby. in consdera-
If inf IF to, N
Augusta Safe Deposit and Trust
Company for II term of five years two
hundred five shares of stock in the
Wat"rvi.le & Fairfield Railway and
Light Company belonging to said plain
tiff. agreed to buy said stock at the OK
piration of said term for four thousand
$4,000 optional with said plaintiff to
sell or not.
And the plaintiff AYERS that relying
upon the promise of said Isaac C. Libby
ana in performance of the consideration
thereof ne did transfer to said Augusta
Safe Deposit and Trust Company the
two hundred and five shares of said
stock belonging to him.
And the plaintiff further AYERS that
the said Isaac G. Libby died interstate
on the Eth day OF October. 1899 and
IN" defendants were duly appointed adj
ministrators of his goods and estate b,
the probate court for said Kcnnebe,
county and still hold said trust
Ard the plaintiff further AYERS thai
on the 18th day of February. 1904 ht
did offer in writing to transfer and dc
live: to the defendants, as administra
tors of the said estate all his right
title and interest in said stock and die
demand the performance by the sal,
administrators Of the agreement mad,
by the said Isaac c. Libby but the sale
administrators did not on said day pay
I" the plaintiff the sum of four thous
ana collars ($i00o) in performance o
inc SAID agreement. as they were legal
~ pound to do and have not to tn,
atc hereof performed their agreemc,i
put wholly refused and neglected (,
perform said agreement to the DANA q.
ol the sad plaintiff as he says the sun
"t "iEht thousand dollars which shaI
th"h ard there be made to appear will
other due damages"
The Washington cases were called :,
TOUR O'Clock in the afternoon and thi
county docket will be concluded t.1,,
win the five cases of Young vs. five in
surance companies. i. e.: Aetna u,rt
lord, Hamburg Bremen Fire. Iivernno,
London Il Globe and Niagara Fire Jns
Cos nc i'iS
Following these cases the va,
county cases will be considered am
,hen there will remain nothing for III
law court to consider buta few sosi., er
i,i' cases left over during the cons;aey
"uoh Of the present doekete
rAHA---