The Republican journal. [volume] (Belfast, Me.) 1829-current, 1912-04-25
Supreme Judicial Court.
Judge George F. Haley of Biddeford Pre-
siding.

Judge George F. Haley of Biddeford Pre-
siding.
case of interest to potato growers and
buyers was opened before the second jury at 8
o'clock Wednesday afternoon, AN action brought
by Forrest A. Knowlton of Monroe against
Willis B. Tryon of Middletown, Conn.,, for
breach of contract. 1t was alleged that in
March, 1911, contract was made between the
plaintiff and defendant for the delivery to the
latter of 5000 bushels of potatoes at As cents
per bushel, the defendant having contracted to
deliver to the Insane hospital in Middletown,
Conn.,, 1000 bushels. The plaintiff claimed
that he planted 80 acres of potatoes; that he
raised about 5000 bushels and delivered to the
defendant ] ,230, the latter refusing to accept
the balance of the order. That he held HIM
self ready at all times to fulfill the contract
and that he met with a considerable loss by
the defendant breaking his contract. The de-
fense claimed resembling of the contract by
mutual consent; that check in full was given
the plaintiff by the defendant and that the
matter was settled when the last load was
on the contract to the schooner in Winterport
The case was continued Thursday and was
given to the jury at Abs that afternoon. At 9
p. m. they came in and reported disagree
ment. Judge Haley told them it was case
jury should be able to decide and returned
them to the jury room. About 10 p. m. they
brought in verdict for the plaintiff, with dam
Tha Iofo
for new trial on the ground that the verdict
was against the evidence, and Justice Haley,
after reviewing the case, granted new trial
and the verdict was set aside. H. C. Buzzell
for plaintiff; A. L. Blanchard of the firm of
Thompson & Blanchard of Bangor and Ellery
Bowden of Winterport for defendant.
The court was not in session Friday,
Patriots Day.
The case of L. F. Simpson VS. 7. A. Richie
one of eight like suits-was opened to the jury
Saturday morning. Twelve men formed the
Waldo & Penobscot Coach Horse Association
and each contributing 5000 bought the horse
known as Fernando. The horse not proving as
profitable as anticipated, Messrs. Daniel Dyer,
Fred Coffin and A. l.. Curtis of the asso-
citation were appointed committee to sell
the animal. T. A. Richie agreed to buy
the horse for 5000 and assume the bills of
Dyer and Coffin, amounting to 1921. Later Mr..
Ritchie found that the harnesses and earnings
of the horse were not included in the trade
and he rescinded the contract The syndicate
claims that the contract was not rescinded and
L. F. Simpson, an individual member of the
syndicate, brings action against Mr.. Richie,
as a test case, with damages assessed at $31.
After the evidence was presented to the jury
the case was withdrawn and sent to the Law
Court by agreement. Thompson & Blanchard
for plaintiff; Arthur Richie for defendant.
W. j. Knowlton VS.. c. B. Sampson was open
ed to the jury Monday morning. MIR. Knowl-
ton is a farmer living in Liberty and Mr..
Sampson dealer in hay who lives in Freedom
In 1907 Mr.. Sampson bought hay of Knowlton
to the amount of S265.6S paying cash on ac.
count and leaving balance of STA 6S, for
which Knowlton brought suit in the Supreme
Judicial court. The case was sent to the Law
Court and returned with a verdict for Mr.
Knowlton. Now Mr.. kowlton claims that Mr.
Sam pson agreed to pay the board of the press
ers at his house, amounting to $9.67, and
that Mr.. Sampson responsible for the
storage of part of the hay in Daniel Jones
barn, for which Mr.. Knowlton paid cash, $3.50.
Thus the case was brought to recover S1217.
Mr.. Sampson denied the contract and indebt-
edness. The case was originally tried before
Judge knowlton and appealed to the Supreme
Judicial Court. The jury returned verdict
for the defendant. Ritchie for plaintiff; Dun
ton & Morse for defendant.
The case of A. H. McGray VS.. O. B. Wood
bury was opened to the jury Monday afte r.
noon. The parties live in Knox and the suit
was brought to recover for the sale of store
goods. involving $780, Tuesday morning the
Court ordered non-suit and the case was
taken from the jury, and sent to the Law
Court exceptions. Ritchie; Dunton Morse
In the case of j. E. Poor, appealed from de-
cision of county commissioners in Cobe road
case, A D. Hayes, Carleton Doak and Ralph
Hayford were appointed commissioners.
Eben A. Holmes VS.. Harriet A. Adams, ct al,
was sent to the Law Court on statement of
facts. Pleadipgs were filed.
Lewis DeLemos VS. Fitz Patterson was heard
before the judge. The case was to recover $40
for damages to plaintiff S small boat by the de-
fendants vessel. Judgment for defendant.
Richie: E. F. Littlefeld.
CIVIL DOCKET ENTRIES.
c. Edward Britto VS.. James Lawrence.
Motion for order of service filed and granted
and personal service. Buzzell; Ritchie.
Ehan Ho1roos uarriot Adaroo at nj
Motion to continue filed. Richie; Dunton &
Morse.
L. c. Eaton VS.. Herbert Kingsbury, app.
Dismissed. Buzzell; Runnells and Richie.
Howard L. Hurd vs.. ]. W. Mckinney. Plead
ings filed. Libby; Hussey.
Mclean. Black & Co., Incorporated. VS.. Geo.
A. and Inez M. Goodwin. Account in set-off
filed. Brown, Jr.; Libby.
E. A. Carpenter VS.. Frank W. Burns. De-
faulted. Dunton & Morse; L. C. Stearns.
Bannigan Rubber Co. VS.. Thos. E. Gushee.
Neither party. No further action. Robinson;
Dunton & Morse.
Arthur M. Jackson VS.. j. hn M. Ward. Nom
suited. Rogers; Brown, Jr.
Mathews Bros. VS.. Benz. Matheson and
Ernest A. Fraser. Defaulted. Thompson &
Blanchard; Geo. E. Thompson and D. w.
Mason.