Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1909-11-20
IN ArooStOok and Wash
ing County Gases.
Judgment for Defendants il
Action on Statutory Bond.
Award for Rental Void Because
Arbitrator Exceed Authority.

Two UeclSIOllS were ndl1u-
ed down by the law court Friday in
Aroostook and Washington county
cases which have been under consid-
Grafton by the court. The Aroostook
county rescript, which is drawn by
Associate Justice Peabody, in the case
of Almon II. Fogg Co. VS.. Arthur W.
Bartlett Moses BarrowS and f. ~
Nelson. gives to the defendants the
benefit in an action on a statutory
bond of the plea Of a discharge in
bankruptcy of the principal obligor be-
fore the forfeiture OF the bond.
The rescript in the Washington
county case of Joseph A. Coffin VS.
Frank Hall, which is also drawn by
Associate Justice Peabody, in an action
of assupmsit on an award made under
a submission at common law for the
rental of premises occupied by the de-
PENDANT and claimed to be owned BY
the plaintiff, declares the award void
and suStains the general demurrer and
exceptions of the defendant. The re-
script declares that the arbitrator eX-
ceeded their authority in deciding mat
tiers not within the scope of the sub
mission. The full text of the two re-
scripts is as follows:
Aroostook County.
Amon H. Fogg Company VS.. Arthur
w. Bartlett Moses Barrows and f.
n. Nelson. Rescript, Peabody, j.
This was an action on a statutory
bond given in accordance with r. S.
Chapter ia, Section 40, for the re-
lease of the principal from arrest on
execution.
The case is before the law court on
an agreed statement of facts and the
StipulationS of the parties
The defendant. Arthur w. Bartlett.
having been arrested on an execution
in favor of the plaintiff, was released
on giving the bond in suit dated Feb
ruary 18th. 1908. signed by himself as
principal and the other defendants as
sureties. On February 10Th, 1908, the
principal was adjudged a bankrupt by
the district court of the United States
for the district of Maine, and received
discharge in bankruptcy April gath,
1908
BY the conditions of the bond the
sureties had agreed that the debtor
should, within six months, cite the
creditor before two justices OF the
peace and of the quorum, submit him
self to examination and take the oath
in r. S. Chapter ia, Sec
ton SIS, pay the debt, interest, costs
and fees arising in such execution. or
deliver himself into the custody of the
keeper of the Jail to which he was
liable to be committed under the ex-
ecution.
Neither of these alternative agree
ments was fulfilled and the defendants
are liable unless this was made I'M
necessary by the debtors discharge in
bankruptcy before the expiration of
the six months. They assumed the
risk of future events which might be
contemplated unfavorable to the credi-
tor. The debtor might voluntarily
place himself in situation to be ex-
empt from arrest or he might abscond
so that the sureties could not sur
render him according to one of the
conditions of the bond. He might be-
come insane and incapable Of making
a disclosure of his property affairs so
as to fulfill that condition of the bond,
and neither Of these events would re-
lleve them from liability under the
general rule of law prevailing in this
state, that sureties on poor debtors
pohd can be discharged only bv literal
fulfillment of it's conditions. But
there may be circumstances which
would constitute an equitable defense
of suit on the bond if happcninr
Wlthih the period Of the six months.
Inc death Of the principal. his vol