Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1907-12-17
LAW C00RT.
Docket Of Lincoln County
Cases Is Completed.
Eastern Trust & Banking Co.,
T.A.W. CunninghamArgued.
Decisions In Androscoggin and
Cumberland Cases.

Lincoln county cases were lirst for
argument Monday morning in the
law court, the first two cases in the
new entries, Corners VS.. Inhabitants of
Nhltcfeld anu Corners VS.. the same be-
ing argued as one case. The suits are
brought by Kate A. Connor for board,
nursing and washing furnished Mrs.
dexter, a pauper and legal resident
OF Whltefiehl The two suits resulted
lor d verdict for the plaintiff in both
instances III the lower court. The town
takes the stand that due notice was
given as required by statute, also that
the verdict was against the law and
evidence. weight of evidence and tina,
the damages were excessive. Charles
A. Knight of Gardiner appeared and
argued the case for the plaintiff and L.
s. Partridge Of Whitefield argued for
the defendant.
The second and last Lincoln county
case was over the matter of j liquor
nuisance appealed from the October
term of Supreme court in that county.
1t was. in the technical language Of the
court, g. demurrer to an indictment for
liquor nuisance
The claim of the defense was that the
description of a certain room in build
ing known rs Hotel Davis was not suffi-
cient. The state claims that the de-
dcriDtion was sufficient. County at
torney Cyrus Il. Topper of Lincoln
county argued for the state and w. NJ
Hilton of Damariscotta for James A.
Duane. the defendant.
Following this case came one from
the Penobscot county docket, Eastern
Trust and Banking Co. We. 4. ". Cum
bingham of Gardiner
It would appear that Cunningham
was treasurer of the Harmon Produce
Co of Gardiner. This company obtain
ed temporary credit and did business
with banks in Bangor and Gardiner
They obtained temporary credit by
citing" checks between the Eastern
Trust and Banking co. and the Gardi
ner banks. During the time that this
was in progress the number Of checks
amounted to between 500 and 300, their
value shown amounting to some $780,
| 600
Finally discord arose in the Harmon
Produce company and tho Gardiner
| National Bank protested q kited check,
dated oct. O. 1905.
AS the checks had been deposited the
!
Now AS Cunningham as treasurer "f
the Harmon Go. had signed the checks
and as tho company had no assets,
action was brought against Cunning
| ham for fraud.
| The reply tn this argument Is summed
no about as fellows. Kiting checks is q
practice well known in banking circles
to obtain temporary credit and was
II
tinrously. During the last year 81 per
cent of al deposits made in tn" East
cru Trust and Banking by the Harmon
Go. had Iccn Harmon Produce Co
checks on the Gardiner National Bank.
| Accordingly the Eastern trust ana
Ranking co. must have known this
condition and acqniesced.
| If nos they ought to have known that
there was contributory negligence on
t1he parties in continuing business after
| il came to their knowledge.
The plaintiff in this case was repre-
scented by Bailey and Mclaughlin OF
Bangor anr the defendant by George
w. Hesclton of Gardiner.
Among the attorneys in the bar Mon
day morning from ont of town were:
Matthew LaucIlin, r. Fl. Gillen. Bcr-
tram l.. Fletcher, Bangor: George ".
Heyelton. Gardiner; W. w. Hilton.
Damariscotta: r. S. Partridge. North
| Whitefeld.
| A short session of court was held Non
dav afternoon the only case heard being
| that of Fred c. Perkins administrator.
IS the oxford PAPER Co. of Rumfofd
Falls The case was brought to TINS court
for the recovery of damages for person.
| al injuries received in the mill Of the
| oxford Paper Co. The case came before
the May term of the supreme court at
Rumford Falls and the jury returned