Ellsworth American. [volume] (Ellsworth, Me.) 1855-current, 1906-01-24

1
piece is liable, and further that in the writ
OF attachment the plaintiff cannot go be-
hind the description of the property as
| given on the tax roll and insert descrip-
tion OF the property from the records at
registry OF deeds.
! The ruling OF the law court on these
points will be Of vital Importance to
Ellsworth.
FLOYD VS.. EDEN
| The case of Fred f. Floyd vs.'the inhab-
itants OF Eden went on trial Thursday.
This was suit for personal injuries due
to an alleged defect in highway in the
town OF Eden. On April rs, 1901, the
plaintiff was riding on the rear end OF an
express wagon, when one wheel dropped
in a hole in the road, throwing him off
the wagon, a barrel OF -four falling upon
him. Expert testimony was introduced
to show that the fall resulted in painful,
permanent and serious injuries.
Defendant relied upon the claim that
notice of the defect in the road prior to
the accident was insufficient, and that the
accident was due to carelessness on the
Roft VI WIG AttfSi. II WHo
that the injuries resulting directly from
the accident were not as serious as alleged
by plaintiff.
The case went to the jury Saturday fore
noon at 10 o'clock. In the afternoon the
jury returned verdict for plaintiff for
81 500. The case will go to the law court
| on motion for new trial, which has been
filed. Deasy & Lyman and Clark appeared
for plaintiff; E. s. Clark and Bunker for
defendants.
YEAToN VS.. BELFAST BANK.
The cases OF Maud Yeaton VS.. the First
national bank, of Ellsworth, and the Bel
fast savings bank, were in order for trial
Monday. The case against the Ellsworth
bank was first in order on the docket, and
plaintiffs council insisted on trial in this
order. Defendant defaulted by agreement.
The case against the Belfast bank was
then taken up. This case was tried at the
October term, and resulted in a disagree
ment by the jury. The bank is only the
defendant nominally, the real defendant
being Albert b. Silbermann, OF Pough-
keepsie, n. Y,
Miss Yeaton, the plaintiff, is the foster
daughter OF Mrs. Abbie Yeaton, who died
last March, at the home OF sister, Mrs.
Weaver, in Ellsworth. Sherman is q
son of Mrs. Yeaton by former marriage.
On her death bed only two hours before
she died, Mrs. Yeaton made an assign
ment to Maud Yeaton OF book of de-
posit in the Belfast bank for savings
amounting to 81 ,oo9.42 Mrs. Yeaton was
too weak to write the order of assign
ment, or to sign her nams, and the order
was written by Miss Yeaton and the dying
woman made her mark, which was wit
messed by two nephews, Charles A. and
Alexander Weaver, and by trained nurse
who was attending her.
Siibermann, who came from New York
to attend the funeral, Immediately there
after began looking up the effects left by
his mother, and knowing OF the bank saw
ings and the assignment OF the book to
Maud Yeaton, took steps to prevent the
payment of the money to her, and contested
the action brought by Miss Yeaton against
the bank TO establish her right to the
money. 30
On the direct examination, plaintiff
rested after putting IN testimony as 10 the
making OF the assignment. Miss Yeston
told OF conversations had with her foster
| mother, when she expressed her intention
OF leaving her savings to her foster
| daughter that she might complete her
education. Miss Yeaton is now student
in the Ellsworth high schooi.
one 'es'iheu 'hA' th'ee Vi iou' nays u"
49, ,,.n.,.rr;na ,hs hoor s.v,no she
,ho,nh, .ha VOC. .oina ~ Ale hnt she tho
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- -, H. a.. 49, .s,,aa har - abe
r;s,.d - .sa,ar ,hs hook and receiv;no
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