The Somerset reporter., 1907-08-15
Legal Notice.
STATE OF MAINE.

SEAL
Somerset $50 the sheriGs Of our several
counties or either Of their deputies. or any
Constable OF the town OF ia the County
OF Greeting:
We command you to attach the Goods and
Estate OF Fanny r. Caswell OF Arson In the
County OF Somerset TO the value OF Three
Hundred dollars and summon the said De-
fendant df she may be found in your pre-
Supreme judicial Court, next TO be holden
at Skowhegan. within and for the County OF
somerset on the third Tuesday OF March A.
d. 1907 then and there in our said Court TO
answer unto F. W. Bunker OF Arson In said
County in a plea of the case.
For that the said defendant at said Arson,
on the fourteenth day OF February \. ID.
1897, being indebted to the plaintiff In the
sum OF one hundred and eight dollars for
money then paid by the plaintiff for the use
OF the defendant at her request in considera-
ton thereof then and there promised the
plaintiff To pay him said sum on demand.
Under this count by way OF specification
the plaintiff will offer evidence to prove that
on october /, A. ID. 1905 he together with this
defendant and one W. A. Caswell, now de-
ceased signed promissory note OF the fol-
lowing tenor North Arson Oct l-lso For
value received we promis to pay First Ma
tional Bank OF Madison one Hundred dollars
In Six Months from date W A. Caswell
SlOO that he did this as a surety for and the
accommod ation OF the said W. A. Caswell
and Fanny +. Caswel at their request and
that as between him and them his liability
was secondary to theirs and that they were
bound to indemnify and to reimburse him II
he was put to any expense by reason OF their
or either of their failure to pay said note
when 1t became due; and the plalntlh fur-
ther offers to prove that the time for pay
ment OF said note elapsed and that neither
this defendant nor W. A. Caswel paid said
note or caused It to be paid or in any other
way discharged their duty concerning the
same to this plaintiff, that this plaintln be
came liable to pay said note and that upon
due demand and notice from the payee OF
said note he did pay 1t on the second day OF
February A. D. 1907, and that on that day he
paid one hundred and eight dollars the sum
then due thereon. and the plaintiff further
offers to prove that before the day OF the date
OF this writ and after the second day of Feb
ruary the said W. A. Casweli one OF the
makers of this note died and that neither the
said W. 4. Caswell in his lifetime nor this
defendant either in the lifetime OF the said
W. a. Caswell or since his decease paid or
caused to be paid to the plaintiff said sum OF
one hundred eight dollars, which the plain
tin paid by virtue OF the premises aforesaid,
OF any part thereof nor in any way dis
charged the obligation due the plaintiff by
virtue thereof.
Also for that the said defendant and one
W. \. Caswell andnthe plaintiff II Arson In
the County Of sol set and State of Maine
to wit at Madison said County, on the first
day OF october Al 1905 by their promissory
note OF that date and OF the following tenor
North Arson oct l--l905 For value receiv-
ed we promis to pay First National Bank of
Madison one Hundred dollars in Six Months
from date 500 W. \. Caswell Fanny +.
Caswell +. W. Bunker surety promised
To pay the First National Bank OF Madison.
a corporation established by law and having
its principal place of business at said Madi-
son, the sum of one hundred and nifty dollars
according to the tenor OF the note aforesaid.
And the plaintiff AYERS that he signed said
note for the accommodation OF and as surety
for the said W. A. Caswell and Fanny f.
Caswell at their request and that he thereby
by the premises aforesaid became Jointly
liable with the said W. A. CaSwell and Fan
ny r.. Caswell to the said First National
Bank OF Madison, but that as between him
self and the said Fanny r. Caswell and W.
A. Caswell his liability was secondary to
theirs and that as between him and them, 1t
was their duty to pay said note when 1t be
came due or If they failed so To do and he the
plaintiff had to pay the same that Ii was the
duty OF the said Fanny r. Caswell and W. a.
Caswel to indemnify and reimburse the
plaintiff OF all charge and damage and eN-
pense to which he was put by virtue OF the
payment thereof; and the plaintiff further
AYERS that the time of payment OF said note
elapsed, that neither this defendant Fanny
+. Caswell nor the said W. a. Caswe paid
or caused the same to be paid or in any way
discharged their duty concerning the same
towards this plaintiff, that by virtue of his
ability and upon due demand and notice
from the said First National Bank this plain
tin paid said Bank at Madison aforesaid on
the second day OF February \. ID. 1907 the
sum then due upon said note. viz: the sum
OF one hundred and eight dollars; and the
plaintiff further AYERS that by virtue Of the
premises aforesaid and the payment OF said
sum OF one hundred and eight dollars on the
second day of February y. II. 1907 st Madison
aforesaid the said defendant and W. \. cas-
we'll, said W. \. Caswell then living but
since deceased, became liable To the plaintiff
In the sum OF one hundred and eight dollars
and in consideration thereof then and there
promised the plaintiff TO pay him said sum
on demand: and the plaintiff further AYERS
that the said W. \. Caswell Is now deceased
and he further AYERS that though often re
quested thereto neither the said W. \. Z as
well in his lifetime nor the said defendant
Fanny r.. Caswell either in the lifetime OF the
said ", \. CaSwell or since the deceaSe OF
him the said W, y. Caswell have paid or
caused said sum OF one hundred and eight
dollars or any part thereof to be paid to the
plaintif, though often requested thereto and
that the said defendant refuses Ia pay the
same 10 the damage of the platnttf rs he
says the sum OF three hundred dollars which
shall then and there he made L. appear with
other due damages.
Vet the said defendant although OMEN re-
quested, the same has not paid. but refuses
To the damage of said plaintiff As he says
the sum OF three hundred dollars. which
shall then and there he made to appear with
other due damages.
And have you there this writ with your
dOings therein.
Witness: ITCIIIUN \. EMERY, Justice
of our said court At ~kewhegan. the four
teeuth day OF February TN the year OF car
Lord one Thousand nine hundred and seven
". r. ~FhkGN~. IL etA-
STATE OF MAINE.