Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1909-12-20
Occupy Attention Of Law
Court Saturday,
Question Of Making National
Home a Trustee Argued.
Il ~
important Alien Pauper Case will
Be Heard This Morning.

The entire day Saturday was taken
up in tbs. law court with the argu-
ments of Kennebec, county cases and
at the time Of adjournment for thts day
the docket was completed with the ex-
ception of the pauper supply case of
City of Augusta VS.. City of Water
vile, involving the construction of the
alien pauper statute (which will be
heard at the opening of the law court
session this morning. and the case Of
Hotchkiss VS.. Bon Air Coal e. Iron Co,
which is specially assigned for Thurs
day. Knox and Lincoln county cases
are assigned for Monday forenoon, OK
ford county is called for Monday after
noon at the opening of the session. and
PenoDscot county for Monday after
noon at O'Clock.
The law court opened at $50 Satur-
day forenoon instead of 10 o'clock and
the first half hour was occupied with
the completion OF the arguments in the
case of Oakland Electric Co. vs. The
Union Gas 4 Electric Co., which was
begun Friday afternoon The other
Kennebec county cases argued during
the Gay We're Brooks Hardware Co. VS..
Greer &, tr., Barnet ct al. VS.. Haines,
Davis VS.. Reynolds, Stevens ct al. VS..
Parsons; Parsons in eq. vs. Stevens ct
|al.
Brooks Hardware Co. VS.. Greer e tr.
This is suit brought by the Brooks
Hardware Co. of Augusta against j..
3. Greer of Pittsburg Pa, in the
sum CT $947.22 for supplies furnished.
jrT>l.. ~: ~
unteer Soldiers is made a trustee on
the ground that it was owing money to
Greer under his contract with the
Home to construct a sewer system. The
case was first argued before Associate
Justice Leslie G.. Cornish at the Oc-
-ober term of the kennebec supreme
court. The defence took the position
that the Home was not under the Unit
ed States statutes, a corporation, and
even if it were it was merely dis
triEuting agency of the government
and for obvious grounds of public pol
| icy not subject to trustee process. The
plaintiff contended that the Act OF
Congress creating the National Home
created it Il corporation with power
to sue and be sued and to contract for
government purposes in it's own name
as it did with Mr.. Greer: not acting
as Il mere distributing agent of the
government in the matter of this con-
tract, but might have been sued by
Mr.. Greer upon the contract and hence
held as trustee on this suit. The ques-
ton of jurisdiction Of the State court
as against the United States court was
also argued by counsel. Judge Cornish
ruled that the Home was not liable as
trustee and dismissed the action with
cost. The case came to the law court
on plaintiffs exceptions to this ruling.
The question involved is entirely
UNIQUE in the courts of this State and
the only case in the courts of any
state in the remotest way resembling
Il is a Virginia case, which was quoted
from at some length by the defence at
me hearing in the lower court. Will
hanson & Burleigh for plaintiff; Unit
ed States District Attorney Robert I.
Whitehouse for defendant
Barnet ct ais. VS. HaineS. This is a
case where William Barnet & Son of
Albany, N. Y, dealers in shoddy, claim
that William Z. Halnes of WatervilIe
guaranteed the payment of all ac-
counts sold to the Oakland Wooden Co
rhe defendant claims that the guar
antee was limited to certain order ac-
counts already due. The case was tried
At the October term of the supreme
court and was taken from the jury at
the completion of testimony by Justice
Cornish and comes to the law court
On report John w. Manson and Harry
r. Coolidge for plaintiff. John Z. Nell
son for defendant.
Davis VS. Reynolds. This is an action
If deceit, which was entered at the
October term of the supreme court,
and involves alleged misrepresenta-
ton regarding certain wild lands. The
.ase comes up on demurrer as to SUI
iciency of declaration and was argued
solely upon that point. Pattangall &
Plumstead for plaintiff; Heath & An
lrews for defendant.
Stevens ct al. VS.. Parsons. Parsons
in eq. VS.. Stevens ct al. The first ac-