Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1907-12-17
LAW COURT DECISIONS.
Decisions Handed Down in Andres.
eogein and Cumberland Gases.
Androscogein County Rescript.

The following law court decisions have
been received:
Androscogein County Rescript.
LCran Waltz vs.. Inhs of Newcastle.
(No opinionD Rescript. Per curiam
1t is the opinion Of the court that I'M
der the allegations in the second count of
the plaintiffs writ and the evidence in
troduced in support thereof. the jury were
warranted in finding that the expenses
of the care and support of Mrs. Leighton.
to recover which this suit is brought,
We're fairly within the provisions Of r. $.
Chap. -. Sec. A.. that the expenses were
incurred and the care and support fur
nished after notice and request to the
overseers." and that tie plaintiff was not
then liable by contract or otherwise for
her support. Tho evidence was conflicting
and in some aspects may have prcponder
ated in favor of the defendant town. but
it is not clear that the verdict was wrong
either on the question of liability or that
of damages
Motion overruled. Received Dec. IL, 1887.
Cumberland County Rescript.
Abraham Lazarovich. in Rep. vs. II.
Tatilbum. Resclipt. Cornish ].
Replevin for certain household fu!1i;-
turc alleged to have been delivered 10
the defendant by the Reliable Furniture
Company Of Portland. on Il ao-ca!lcd
lease, which constituted conditional
sale, the title remaining in the vendor
until the goods were paid for. and a
breach of condition having occurred.
The plaintiff sets up title from the
vendor by written assignment of claim
against the vcndcc for the unpaid pur-
chase price. The defendant contends that
the sale was absolute. that no lease was
given, and that in amy event the plaintiff
under the mere assignment of the claim
did not obtain sufficient title to the prop
crty to maintain replevin. Held;
lon the question OF fact whether
lease was given and whether the original
sale was conditional or unconditional, II"
jury have found in favor of the plaintiff
and we do not feel warranted in disturb
ing the verdict The evidence is a mass
nf contradictions. most of the witnesses
being related by blood or hy marriage.
ana if The jury were satisfied upon this
proposition of fact their conclusion ought
to stand.
THAT under the assignment i'll this
case for Il valuable consideration 1T was
tie intention Of the :.ssiSnor to convey
ana Of the assignee to purchase all the
interest Of the assignor III the personal
property which had been conditionally
sold, and which was in fact retained "a
security for the debt. and that the plain
tiff had sufficient title To maintain re-
plevin in case of breach of condition
THAT the receipts given by the vendor
and accepted by the defendant, when in
stallmcnts were paid. III which the fur
niture was described as leased. were prop
erly admitted rs being in the nature of
an admission. their weight being for the
jury
4-That q mortgage of the furniture
given by the defendant to third party
subsequent to the conditional sale. wa
properly excluded as having no probative
force on the question of title and being
a mere self-serving act.
Motion and exceptions ovverruled. Re
ceived Dec. 16. 1907.