Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1909-06-22

defendant that great many more VI l"o
trees had died, and after paying w TO
plaintiff nothing more was paid and TINS
suit followed.
The defence Is a denial that the trees
were 1irst-class trees as called for IN inc
contract. He stated, and introduced W.T.
nesses to back up his contention, that the
trees were very poor. having no nprous
roots, and consequently although many
If them started to grow, yet by this pres
ent time after having great many re-
placed, only 81 Of the trees were alive.
One of defendants witnesses testified
that the plaintiff told him that he, the
plaintiff, was sick at the time the trees
in question were packed at the nursery
and that they put in poor trees rms
the plaintiff denied stating that although
he was sick at about that time. that he
looked after the packing personally, as
was his custom.
Verdict for the plaintiff in the sum of
$50.
The next case is an action on a prom
! issory note. The testimony was about all
in at adjournment. The suit was brought
by ]. H. Knox ct ais. VS.. Mary f. Gibson
ct al. Dana p. Foster, Esq, for plain
tiffs, and G. G. Weeks, Esq, for defend
ants John H. Gibson Mary +. Gibson,
| his wife, and w. II. Flood. a son-in-law
! of Mr.. Gibson, signed a note in favor of
| the Ticonic National Bank, they signing
| on the face Dana E. Foster, E. S.
Horne. Mr. Prebe and J. H. Knox signed
the note on the back. The note was for
| $50 Before the note was due Mr..
H. Gibson died, and the endorsers later
| &Lo Mt NH crIit
is brought against Mrs Gibson and Mr.
| Flood to reimburse the parties for the
| amount paid on the note. In the mean
time Mrs. Gibson went into insolvency.
| Court comes in 9 o'clock tomorrow
morning. The case on trial is the last
one to be tried to the jury. Court will
adjourn finally tomorrow night.
| In the case of the Turf, Farm and
| HCme VS.. George O. Holmes. a suit for
the subscription price of the paper for
something over two years, Judge Hall
charged the jury follows:
| Mr.. Foreman and Gentlemen of the Jury:
This is an action upon an implied prom
Use to pay for a newspaper. called the
Turf. Farm and Home. from April 1906,
| to September, 1908. 1t Is a very simple
issue here. and 1t is simply this: Was
there an implied agreement to pay for
this paper?
| Supposing someone, Mr. Foreman.
should apply to you to know if you would
like to take milk from him each day dur
ing the summer and you told him mo,
| l do not care for it." If for some reason
or other the milk was left at your door
daily and you left it there you would not
have to pay for it. If you took it in and
used it or did not use it, you would have
| to pay for it, for the reason that you
had taken possession of it. Precisely the
same principle applies to newspaper.
Although a man may not want to make
| himself liable to pay for a newspaper
yet if it sent to him and he receives it
and takes it into his house and does not
notify the postoffice to send it back, but
receives the benefit of the paper, whether
he reads it or not if he receives it into
his house he is liable.
| The defendant says he not only refused
to take the paper, but that he did no:
know it was coming regularly. OF course
it depends upon whether he knew that it
| was delivered at his house. If he did not
known if. if he had good reason to be-
lieve the papers were coming as sample
copies through that perior. if the circum-
stances were such as to convince a reas-
enable man that they were sample
copies. and that he was not liable to
pay for it. that would raise different
question. But if he had no good reason
to suspect that they were sample copies
sent there through that whole period, and
| he took the papers in then he is liable
to pay for it. and that is the whole issue
here. I will submit it to you without fur
tier remarks.
If you think that the defendant receiv-
ed the paper under circumstances which
make him liable to pay for it, why, in
asmuch as there is no dispute as to the
amount, it would be S. with interest from
the date of the writ. If you think he did
| not receive the paper under circum-
! stances that would require him to pay
for it, under the rule I have given you
you will find for the defendant