The Somerset reporter., 1907-08-08
Legal Notice.
~ATf MAN z

STAFF ~ NAM
somerset $50 the ~hcrI.f- II p4r seseras
counuie, OF either Of their aei t.es. ~ any
Constable Of the town Of ~ the 9uLty
Of Greeting;
We command You to attach the rood and
Estate u Fanny +. Ca,9elI Of Alison Ia the
County OF Somerset L. the Naiee Of Tn ee
Hundred dollars and summon the sal l'e-
/ fendant If she may be fond IL : su' pre-
clnct to appear before our justices 81 or
supreme Judicial Court, LeXt to be At.4cn
AT Skowhegan. within and fof the 20 ~ Of
somerset, ON the third TuesEaH Of Marct A..
H. 1906 then and there III our sad G9uf. u
answer unto F. W. Bunker Of Arson IN SAID
County IN "A plea Of the ease.
For that the said defendant al SAID Arson.
on the fourteenth da& O. February \. j..
1907. being Indebted to the planuH IN the
sum Of one hundred and eight dollar, for
money then paid by the plaintiff FOL The use
OF the defendant NJ her request. III considera-
ton thereof then and there promised the
plaintli to pay him said sum Oh demand.
l nder this count by way Of sieeIil cation
the piaintlh VIII Ofier evidence 10 prove that
on October /, y. -. IAUj he together with this
defendant and one W. \. Caswel, nov de-
ceased, signed a promissorN note Of the fol-
lowing tenor ~ Orth Arson oct l-l4l1 For
value received we promis to pay First Ma
tional Bank of Madison one Hundred dollars
In Six Months from date W. \. tasWell
Fanny T.. CaSWell +. W. Bunker surety
500 that he did this as a surety for and the
accommodation OF the said ". y. Ga>wel
and Fanny f. Caswell at their reQGes' and
that as between him and them his liability
was secondary to theirs and that they We're
bound to indemnify and to reimburse him II
he was put to any expense by reason oil their
or either OF their failure to pay said note
when IT became due; and the plaintlt iur-
Their offers TO prove that the time Tor pay
ment of said note elapsed and that nelthet
this defendant nor W. y. Caswel paid said
note or caused it to be paid or i'll any other
way discharged their duty concerning the
same to this plaintiff, that this plainut be-
/ QtOD
due demand and notice from the pAyee OF
said note he did pay 1t on the second day Of
February \. 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. \. Casweil one OF the
makers OF this note died and that neither the
said W. y. CasWel in his lifetime nor thi,
defendant either in the lifetime OF the said
/ W. y. Caswell or since his decease paid or
caused to be paid to the plaintiff SAID sum II
one hundred eight dollars, which the plain
tin paid by virtue of the premises aforesaid.
or any part thereof nor in any way dis
charged the obligation due the paintif by
virtue thereof.
/ Also for that the said defendant and one
J W. \. taswell and the plaintiff. At AnsOu in
tie County of somerset and state OF Name
to wit at Madison in said County. Oh the inst
day of October y. II. 1908 by their pronlssory
note of that dat and of the following tenor
North Arson oct Leo For value receiV-
ed we promis To pay First National Bank of
Madison one Hundred dollars in Six Months
from date 500 W. \. Casweli Fanny +.
Caswell F. 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 Madl-
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 rs surety
for the said W. \. Caswel and Fanny T.
Caswell at their request, and thai he thereby
by the premises aforesaid became Jointly
liable with the said " \. IasMel and Fan
ny +. Caswell to the said First National
Bank of Madison, but that As between MN
self and the said Fanny +. Caswell and W.
\. Caswel his liability was secondary TO
theirs and that as between him and them. II
was their duty to pay said note when IL be-
came due or If they failed SO TO do and he the
plaintiff had to pay the same that 1t vas the
duty of the said Fanny +. Caswel and W. \.
Caswell 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 plaintlf further
AYERS that the time of payment OF said note
elapsed, that neither this defendant Fanny
+. Caswell nor the said W. \. CaSwell paid
or caused the same to be paid or i'll any way
discharged their duty concerning the same
towards this plaintiff, that by virtue of his
liability and upon due demand and notice
TIL paid said Bank al Madison aforesaid on
the second day of February \. j.. IN1 the
sum then due upon said note w; the s,;m
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 \. II. 1907 Al Madison
aforesaid the said defendant and ". A. As
well. said W. y. taSwel then Ing but
since deceased, became liable 10 the plaInu1
in the sum OF one hundred and eight dollars
and In consideration thereof then and there
promised the plainuh 10 pay him said sum
ON demand and the plaintiff further AYERS
that the said W. \. tasWcll Is now deceased
and he further AYERS that though often Re
quested thereto neither the said W. \. ta>-
well in his lifetime nor the said defendant
Fanny r. Caswell either In the lifetime OF the
said ". \. tasWell OF since the drceaSc OF
him the said W. y. CaSwtA have paid or
caused said sum OF one hundred ana eight
dollars or any part thereof 10 be paid 10 the
plaintiff. though often requested thereto and
that the said defendant refuses To pay the
same to the damage of the plaintf rs IN
saws the sum of three hundred dollars, which
shall then and there be made to appear WIKI
other due damages.
Vet the said defendant although often IT,
uuested, the same has not paid, but REFUSES
the sum OF three hundred dollars. which
shall then and there be made to appear VIA
other due damages.
And have you there this writ with yoar
dongs therein.
Witness: I.tCIIICN \, EMERY, Justice
Of our said Court nj ~kuWhegan. the fuor-
teenth day of February In the year of our
Lord one thousand nine hundred and seN IN.
". L. ~EkkiNs, Jerk.
STATE OF MAINE.