The Somerset reporter., 1907-08-01
Legal Notice.
STATE OF MAINE.

STATE OF NAME
SEAL
Somerset ss-To the Sherifis of orr several
counties Or either OF their depdtle9 ii any
Constable OF the town of in tie ,oaaty
OF Greeting:
We command YOU to attach the Gaod, and
Estate of Fanny +. Caswell of Alison III the
County OF somerset to the value Of Three
Hundred dollars and summon the said he.
PENDANT If she may be found in yogr pre-
cinct1 to appear before our justices OF our
supreme judicial Court, next to be holden
at Skowhegan, within and for the COUNTY If
Somerset, on the third Tuesday OF March \
II. 1907 then and there in our said Court 10
answer unto F. W. Bunker of Arson In SAID
County in plea of the case.
For that the said defendant at said Auson
on the fourteenth day OF February 4. u.
1907, being indebted to the plantf il the
sum of one hundred and eight dollars for
money then paid by the plaintiff for the ilSe
of the defendant al her request, in consldera
ton thereof then and there promised the
plaintih to pay him said sum on demand
Under this count by way of specification
the plaintiff Will offer evidence to prove that
on October /, 4. ID. 1905 he together with this
defendant and one w. \. Caswell, now DE-
ceased signed promissory note OF the fol.
lowing tenor North Arson oct l-gl5 Fut
value received we proms to pay First va.
tonal Bank of Madison one Hundred dollars
in Six Months from date W. \. Gaswel
slO0 that he did this as surety for and the
accommodation of the said w. \. Casgel
and Fanny +" Caswell 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
he was put to any expense by reason ot thef
or either of their failure to pay said note
when 1t became due: and the plaintf fur.
ther offers to prove that the time for pay.
ment of said note elapsed and that neither
this defendant nor W. y. Caswell paid sad
note or caused 1t to be paid or in any other
way discharged their duty concerning the
same to this plaintiff, that this plainttf De-
came liable to pay said note and that upon
due demand and notice from the payee u
said note he did pay 1T on the second dayof
February a. u. 1907, and that on that day he
paid one hundred and eight dollars the sun
then due thereon; and the plaintif urtheT
offers to prove that before the day uf the date
of this WI II and after the second day oil fea-
ruary the said w. a. Casweil one Of the
makers of this note died and that neither the
said W. \. Caswell in his lifetime nor TINS
defendant either in the lifetime vi the sad
W. \. Caswell or since his decease paid Of
caused To be paid to the plaintltf SAID samol
one hundred eight dollars, which the PAIN
TIL paid by virtue OF the premises AFORESAID
or any part thereof nor in any Wa{ dis
charged the obligation due the panuf by
virtue thereof.
Also for that the said defendant and one
W. y. Caswell and the plalntIH, at Aiison III
the County of Somerset and state Of Maine
to wit at Madison in said County. On tile ms.
day of october y. u. 1905 by their promlssory
note of that date and of the following tenor
ed we promis to pay First National Bank oil
Madison one Hundred dollars In six Months
from date 500 w. A. Caswell Fanny b.
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 had,
son, the sum Of one hundred and my doiiais
according TO the tenor OF the note aiofesaid;
And the plaintiff AYERS that he signed sad
note for the accommodation of and as surety
for the said w. a. Caswell and Fanny T.
Caswel at their request, and that he thefeg
by the premises aforesaid became lonuf
liable with the said W. A. Caswell and ran,
ny +. Caswell to the said First National
Bank of Madison, but that As between mn
self and the said Fanny +. CaSwel and "
a. Caswell his liability vas secondary %
theirs and that as between him and them, i
was their duty to pay said note wheH II NC
came due or II they failed so to do ana ne t1s
plaintiff had to pay the same that IL A. t4e
duty of the said Fanny +. Caswell an y. :,
Caswell to indemnify and relmburse .h5
plaintiff of all charge and damage an fA'
pense to which he was put by Nift IL III tns
payment thereof. and the pialnttii laftntl
AYERS that the time OF pay ment vi sad ho1
elapsed, that neither this defendant fanny
r. Caswel nor the said W. \. CaSWeh pau
or caused the same to be paid or III any "at
discharged their duty concerning the aaihe
towards this plaintiff, that by virtue o! ils
liability and upon due demand ana no.n'
from the said First National Bank TINS pia IN
tin paid said Bank at Madison atoresall Vn
the second day of February y. b. i4' the
sum then due upon said note. VIZ the sun
of one hundred and eight dollars, ana .ne
plaintiff further AYERS that by virtue 9i Ii5
premises aforesaid and the payment a' sail
sum OF one hundred and eight d0lliI> Oh e.e
second day of February \. ID. 1870. al A3ata2 s
aforesaid the said defendant ana " y. ~
well, said W. y. Caswell then iitM2 ~. t
since deceased, became liable to the pitiiiHn
in the sum of one hundred and ei2ht 4..,51s s
and In consideration thereof then ana ~ a,
promised the plaintiff to pay him said slil
on a and md he