Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1912-01-12
SUPERIOR COURT.
Verdict for the Plaintiff in
The futile Case.
Wayne Apple Case Is on Trial
All Day, Thursday.
Four Special Jurors Have Been Dr.
dered TO Report, Monday.

4
( The ease of Susan futile of st. Al
bans vs. Emma II. Merrill of Halo
wen, which was continued from Wed
nesday afternoon, was given to the
Jury. Immediately after the opening Of
| The superior court, Thursday morning.
The Jury returned a verdict of $4134o
in favor of the plaintiff, after a short
deliberation.
The case of Albert j. Pike of Rich
mond VS.. Stanly O. Holden of Wayne
was started Thursday forenoon, and it
occupied the greater part of the day.
The action in this case was to recover
for 80 apple barrels, which Pike, the
plaintiff, claims to have bought OF
Holden, the defendant, and never re-
ceived. The plaintiff also sued for
the loss which suffered in the price
of the apples, which he claims to have
been due to his not having the 80
barrels. which he had bought in time
for the proper shipment of the apples.
The adj damnum was placed at $500.
Ernest A. Mclean was the attorney
for the plaintiff and L. T. Carleton
for the defense.
Robert B. Loring of Somerville,
Mass, treasurer of the Boston Pro
duce Co. testified that in the month of
October. 1910. the company received
IL barrels OF apples from Holden,
FIVE barrels If which were Northern
Spies on cross examination Of the
witness. Atty Carleton brought out
the fact that in the fail of 1919. Pike
vas employed by the Boston Produce
-. 7 Il IA
come in order, but it was allowed by
Judge Beane. because the witness
wanted to get back to Boston as soon
as possible.
Albert ]. Pike testified that he was
in Mr.. Holdens orchard in the carly
part of the fall of 1910. and after
looking over the apple trees he made
Holden an offer of $3.50 for the North
crn Spy and Stark apples that were
eli the trees He said that Holden
also offered 10 sell him 100 apple bar
rels, which he had ON hand, and the
witness bought the same, at 81 cents
each, hut when he got ready to use
TIE apples he found that they were SO
short. The witness said that he had
10 buy more barrels to take their
i4idtts am tiietk tlit hEIsA NethHtd MN u
lose $100 on his shipment, besides the
amount which the barrels cost him.
Witness testified that the apple or
chard yielded him about 129 barrels of
Northern Spy and Stark apples.
I. Q. Gage of Winthrop, manager OF
the Augusta Trust Cos. branch office,
testified that Holden came to his office
and ted him that he had accepted
Pixies offer to buy the apples in the
orchard. He said that he then notified
Pike of the acceptance.
The first witness for the Defense
Abner W. Wing, truekman of Wayne.
testified that he hauled IA barrels OF
apples to the depot at Winthrop for
Holden.
Charles D. Maxim of Winthrop tes-
tilted that he picked the apples for
Pike iii October, 1910 He said he
stored them in Mr. Holdens barn and
that there were 1923 barrels in all
Jacob Bishop of Winthrop testified
that apples We're worthless if left any
length OF time on the ground.
Stanley o. Holden, the defendant,
testified that there We're large vari-
ETY. of apples in his orchard, besides
the Northern Spies and Starks. Wit
ness said that in the carly part of the
fall of 1910, Pike came to his farm and
looked over the apple orchard, after
wards Offering him $3.50 for the North
ern Spies and Starks on the trees.
Witness said that Pike also offered
to buy 100 apple barrels, which he
had on hand, if Holden would sell him