Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1909-12-22
AUGUSTA LOCALS.
the PENoRscoT DOCKET.
Occupies Attention II Law Court Dur
5ee ing Entire Day Tuesday.

scot county cases Dy the law court
with the exception of a half hour at
the opening Of the. morning session,
which was occupied by County Attor-
ney Ralph T. Parker of oxford county
in presenting the arguments for the
State in the Oxford county case Of
State VS.. Maurice r. Fogg, which was
an indictment for liquor nuisance. The
PenobscOt docket was not completed
at the close of the afternoon session,
one case remaining for argument to-
day The following cases were argued:
Norton vs. University of Maine. This
is case in which contractor sues
for amount alleged to be due for ex-
cavating a cellar At the hearing in
the lower court the jury was directed
to give a verdict for the plaintiff for
part only of the sum claimed by him
and the case comes to the law court
upon the exceptions of the plaintiff to
the direction Of the verdict. The plain
tiff claims that the contract was for
excavating the cellar and that he
should have been paid for whatever
distance it was necessary for him to
go below the cellar bottom in the way
Of blasting and other contingencies
while the defence argued that the con-
tract extended only to the grade line.
Lewis G.. Stearns, Jr.. for plaintiff.
John T.. Nelson for defendant.
State VS.. Crocker This is an in
dictment for perjury against Samuel
j. Croker of Old Town, which comes
up on a demurrer to the indictment,
which is claimed by the respondent to
be insufficient Ray Fellows for re-
spondent. County Attorney George L.
Thompson for the State.
Daley VS.. Patten Produce Co This
is a suit to recover for potatoes allcS-
ed to have been received in damaged
condition from the defendant. The de-
efendant claims that the potatoes were
, in good condition when they were re-
ceived by the defendant at Cxbridge,
Mass The lower court gave a verdict
for the plaintiff and the case comes
up on motion for q new trial Bertram
L. Fletcher for plaintiff. Bertram L.
Smith for defendant
ennett ptr. VS.. Acme Manufacture
inYCo. ct ais. This is a petition for
mandamus to compel Il corporation to
issue new stock certificate to pur-
chaser or assignee Of an old certificate.
The plaintiff claims that the matter
while the defendant argues that man.
damus is not the proper remedy.
Charles Hamlin for plaintiff E. c.
Ryder for defendant
McGrath VS. Bangor Railway & Elec-
trlc co. This is personal damage
action in which Michael McGrath of
Orono sues for $4,000 for damages sus-
tanned by being thrown and run over
r.,l,s
frightened by car of the defendant
corporation. The defendant denies
liability for the injury. The case comes
up on report. Lewis c. Stearns and
e. ). Dunn appear for the plaintiff
and e. G. Ryder for defendant.
City of Bangor VS.. Pierce, admrx.
This is suit brought by the city Of
Bangor against the administrators of
the estate of Mrs. Laura Hayford to
recover the assessment levied on the
1ayford property for macadamizing
Franklin street. The defendant claims
mat Mrs Hayford held the property
as trustee and SO the estate was not
laDle. The case comes up on report.
City Solicitor Donald c. Snow and G..
A. Bailey for plaintiff. f. c. Ryder
for defendant
The following rescripts were handed
down by the law court Tuesday:
Knox County.
Mowry & Payson, Inc, VS. Hanover
Fire Insurance Company. Rescript.
Whitehouse, j.
This is an action on fire insurance
policy issued by the defendant corpora
ton in the form known as the Maine
Standard policy prescribed by Chapter
40. Section 4, Par. Z, as amended by
Chapter 1873 of the Public Laws of 1905.
The policy contains the following
clauses:
In case of loss under this policy and
failure of the parties to agree as t.
the amount of loss, it is mutually
agreed that the amount of such loss
shall be referred to three diSntercstcd
men. the company and the insured each
choosing one out of the three persons
to be named by the ether, and the third
being selected by the two so chosen;
the award in writing by a majority of
the referees shall he conclusive and fin
I'll upon the parties as to the amount OF
loss or damage, and such reference un,
less waived by the parties. shall be n
condition precedent to any right Of ac
ton in law or equity to recover for
such loss"
Respecting the latter clause, Section
S. of the same Chapter contains the
following provisions:
IF the insurance company shall rot
within ten days aftsr a written request
to appoint referees under the provision
for arbitration in such policy. name
three men under such provision. each
OF whom shall be resident of this
State. and willing to act as che of sucl.
referees: or il such insurance company
shall not. within 10 days after receiving
the nan!es of three men named by the
insured under such provision, make
known 10 the insured it's choice OF one
ofsthem % act 2S one of such referees,
it shall be deemed to have waived the
right to an arbitration under such poll
cy and he liable toAsuit Hereunder. "a
though the same contained no provi-
sion for arbitration as to the amount of
loss or damage"
The policy in suit was for insurance