Daily Kennebec journal., 1908-12-23
Present Term viii Prob
ably Close Thursday.
Waldo and Washington County
Gases Heard Tuesday.
nescripts Handed Down In Several
Of the important Cases.

The present term of the law court
will probably close Thursday noon. The
Waldo ard washington county cases
were heard Tuesday, also case from
Lincoln county, which had been put
forward until Tuesday, and another
from Somerset, which had been pre-
viously argued in writing, but which
the counsel desired to argue orally.
Among the attorneys present at the
law court session Tuesday were Ar
ton of Belfast, John F. Lynch of Ma
chias. r. J. McGarrigle of Calais, Her.
bert ]. Dudley of Calais, county attor-
ney-elect of Washington county, Glenn
. ent B. Donworth of Machias, county
attorney of Washington county, A. l..
blanchard of Bangor, w. r. Pattan-
gall of Waterville, Charles L. Macurda
of Wiscasset, Forrest Goodwin of Skow-
hegan and Judge Augustine Simmons
of North Anson.
The first Waldo county case to be
heard was that Of Charles Bessey OF
Brooks VS.. Fred w. Brown. Jr. This
is an action Of trover for the CONVEX
sion of bank check and comes up on
report. The plaintiff received the check
in question from the trustees of the
bankrupt estate of Aaron w. Snow
and after retaining it five months re-
turned it. Later he brought suit on a
part of the claim against the estate of
Alfred w. Rich, one of the trustees
The same was non-suited and the
plaintiff claims that he made demand
upon the defendant for the check. La
ter suit for its conversion was brought,
the testimony taken at the September
term of court in Waldo county and the
case reported to the law court. The
defence contends that the plaintiff for
feited his rights to the check and that
it was never in the hands of the de-
fendant as an individual, but simply
as an attorney, that no demand was in
fact made of the defendant for the
check, that there was no conversion.
The plaintiff argued that demand was
made upon the defendant having the
check in his possession and that this
demand was refused. Arthur Richie
for. defendant, Dunton & Morse for
plaintiff.
Bonney VS.. Blaisdeh This is an ac-
tion for breach of contract Philo c.
Blasdell of New York had a gasoline
launch at his summer home at North
port called "Ellie,' which he offered
to exchange with George NJ Bonney of
Boston for larger one called
"Naoma.' Both parties acknowledge
that an agreement was made to trade
boats, whereby Blasideil was to give
his boat and $4,000 in money for the
Naoma." MIR. Blaisdell paid down the
sum of $500 to bind the bargain and
written contract was made upon the
above terms. 1t is agreed that both
parties originally named as the day
fer the exchange of boats and the pay
n1ent of the balance $9500 TO Bonney,
June g 1905. The "Naoma" was not
ready for delivery on that day and the
plaintiff contends that the time for the
delivery of the boat was extended to
June %, 1906. June 81 Mr. BlaisCell
was informed that the 'Naolna' vas
ready and he came on from New York
to try the boat On account of trouble
with the engine the trial trip was not
satisfactory and the defendant notified
the plaintiff that he would not take the
boat. The defendant went back To New
York and the plaintiff rented the boat
for $l400 and afterwards sold the boat.
The action is to recover damages of
$500. The defendant argues that the
original contract had been waived pre-
vious to the trial trip. while the plain
tiff claims that it was still in force.
Dunton q Morse for plaintiff, Thomp
son & Blanchard for defendant.
Several Washington county cases
were argued. Huntington VS.. City of
Calais. This was an action to recover
4 g.. :s.:,
count of an alleged defective sidewalk,
the question at issue being whether
sufficient notice was given the city of
a defect in the sidewalk. H. ]. Dudley
for city, r. J. McGarrigle for plaintiff.
Hathaway ct ais. VS.. Williams. Two
entries. Both We're cases coming up on
exceptions to exclusion of evidence. {.
b. and f. c. Donworth for plaintiffs,
w. II. Pattangall for defence. County
Attorney Donworth also appeared for
the State in number of liquor cases,
most Of which came up on demurrer.
r. j. Mctiarrigle was the attorney for
the defendants in these cases.
The Washington county cases were
followed by hearing in the Lincoln
county case of Town of Alma VS.. WIS
casset, Waterville & Pennington Rail-
road. This is a case involving the
question of what portion of bridge in
the town of Alma the railroad was
obliged to build December q, 1903, the
Wiscasset & Quebec Railway filed a
location with the county commission
ers OF Lincoln county and May II,
1904, the railroad company petitioned
to the railroad commissioners to de-
ternline the manner and condition of
crossing highways including the high
way in question. June, 1904. the rail-
road company eXcavated through and
under the highway in question to the
depth of SO feet and 100 feet wide. On
June 2S, 1904, the railroad commission
ers made their report fixing the man
ner and condition of the crossing by
the railroad company. The town con-
tends that the report of the railroad
commissioners and the statutes Affect
ing their jurisdiction in the matter
gave the decree the effect that the rail-
road company should build the bridge
across the entire excavation. while the
railroad company contends that 1t IS
y,ny, r. 1,,,tyl mn