Daily Kennebec journal., 1907-10-25

I 'nert Williamson a Burleigh of Au-
! gusta appear as counsel for the plain
tiff and -Asbury {. Stilphen, Esq, of
Farniingdale Tor the defendant.
The suit of Cora A. Clough versus
Augustus A. Clough, both of Fayette,
an action for divorce. has been dis
missed. Tile libellant brought the
action for separation on the grounds
, Of adultery and cruel and abusive
treatment. Williamson & BurIeigh of
Augusta appeared as counsel for the
libellant and f.. c. Ambrose Esq, Of
Readfield for the libellee.
III the case of Mary A Smith versus
. Marshall H. Smith, both of Augusta.
an action for divorce. the libellee has
been ordered to pay $1,000 by January
!. 1903, to enable the libellant to prose-
cute.
The writ alleges that the libellant
and libellee were married at Water
town. Cont. May 10. 1866. and the Ii
bellant asks for divorce on the
grounds OF adultery. gross. wanton and
cruel neglect and refusal to provide
suitable maintenance and cruel and
abusive treatment F.. ". Whitehouse.
Esq, of Augusta appears as counsel
for TIE iibcllant and w. H. Fisher,
Esq. of Augusta for the libellce.
In the case of Charles T. Powers
versus George NJ. Rogers. both Of
Litchfield, an action. with the ad
damnunl placed at 81 600 for assault. a
c"n'inuanc" has been granted and the
ease has been assigned until the FIRST
day OF the Marc term. the Ieten6u Mt
To pay the cost Of witness Earle. An
son NJ. Goddard. Esq. Of Augusta ap-
pears as counsel for the plaintiff and
George w. Heselton, Esq. of Gardi-
ner for the defendant
A decree has been filed in the case of
MarSton Taylor i'ogert Of New York
versus Luther Chase. John Austin ana
Eleanor. all N Rome. an action to rc-
cover posse ssion of land. Williamson
6: Errleieh nf Augusta appeared as
counsel for the Iiaintiff.
A hearing in equity will be held be
fore Justice Spear this morning. the
case being that Of I.lewellyn X. S;ev-
ems by Herman H. Adams guardian,
versus Ernest A. Cook and Minnie VI
Cook. All the parties reside in Eel
grade.
The plaintiff pravs:
First-That this court will bo pleased
to declare that The plaintiff. I.lewe!!yn
h. Stevens. at The time when he made
ana executed deed conveying To
Ernest A. Cook and Minnie NJ. Cook
certain real estate and a bin Of sale
transferring personal property was a
person of unSound mind incapab BILE OF
understanding the nature and legal
consequence of his acts and was under
the undue and improper influence of the
defendants in executing the same.
Second-That the deed may be can
celied and decree;! to be void
Third-That the defendants may be
ordered and decreed to surrender the
same.
fonrth-That said bill of sale may be
cancelled and decreed to be void
Fifth-Thal The defendants may be
ordered and dacreed to surrender the
same.
Sixth-That the said defendants be
ordered to account for all personal
property turned over to them or that
came into their possession on May Il.
1905. by virtue of the bill of sale 50 as
aforesaid executed by the said plaintiff
Snventh-That the said plaintiff may
have such further relief as the nature
of the case may require.
+. NJ. Thompson. Esq, Of Augusta
will appear rs counsel for the plaintiff
and George w. Heseltcn Esq. Of
Gardiner for the defendants
The law court, Thursday. handed
down the following rescripts:
PenObScot County.
Eli II. Pinltham vs.. Clinton c. Haynes
ct al. Rescript. WhitchOuse. J.
On the Goth day of September 1905.
the defendants agreed to deliver to the
plaintiff one thousand bushels OF
potatoes on board cars either at South
Winn or North Lincoln Station, on Or
before November 1st, 1905. and on the
same day received the sum of $50. on
account Of same. Two hundred
bushels of the potatoes We're then
stored in q barn four miles distant
from North Lincoln and eight hundred
bushels We're three miles distant. 1t
was not in controversy that the cars on
board of which the potatoes were to IL.
delivered under the terms of the co,.-
tract. were to be furnished by Inc
rlalntln. but no car was in fact
furnished by the plaintiff until the
night Of October 81. and the defendants
We're not informed of the arrival Of this
car at North Lincoln until eleven
O'Clock in the forenoon of November
first. 1t would have required FIVE days
to NOV, the potatoes to North Lincoln
with the two teams ordinarily used by
the defendants in their business AMI
the only teams which would have been
available for their use on November
1st. after receiving plaintiffs notice.
In an action of assumpsit to recover
damages for an alleged breach OF this
contract on the part Of the defendants
for the delivering the potatoes accord
ing to it's terms. Held.
That as the cars were 10 be furnished
by the plaintiff. it was his right 90
determine The time when the potatoes
should be delivered within the limitu-
ton prescribed by the contract.
That under the natural and ordinary
Interpretation of the phrase "on or be-
fore November 1st." used in the con-
tract, and in accordance with the in
tentiOn of the parties at the time tho
contrast was made. the defendants
We're entitled to such saasOnable notice
of the arrival Of the plaintiffs cars rs