Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1912-01-11
\ e. J Is
SUPERIOR COURT.
WaterviIIe Note Case on
Trial in the Forenoon,
Mother Appears Against Her
Daughter in Action
To Recover S400 Paid towards The
Purchase OF a Home.

The first case on the civil docket Of
1.-The January term Of the superior
lcourt was heard, Wednesday fore
moon. This case was one in which
lW. G. Means of Machias. brings ac-
ltion against Fred II. Hear of Water
Iville. to recover $112.5o, which he
Iclaims to have paid for Hoar. This
payment had been made by Means to
cover one-half of a 1925 note which
was signed by Hoar. and endorsed by
Means and another man, who acted as
surety. The other half of the note
| (s112.50) was paid by the surety.
| F. w. Clair, attorney for the de-
Tense, and r H. Hoar, the defendant,
were the witnesses for the defense.
The witnesses for the plaintiffs side
| were Attorney c. w Hussey and Mr..
Means, the plaintiff.
| The testimony of both sides brought
the fact that Hoar had sued Means.
| the plaintiff in this case. last June, to
recover the amount of a $50 note, and
| that a settlement of this case had
been made before the present action
was brought.
The defendant claimed that the
i$112.50, due on the note, had been in
cluded in a settlement between Hoar
and Means, and that this was the
mutual understanding between both
parties.
The plaintiff claimed that this note
had not been included in any settle
| ment and that half of the S225
note was still due him.
Of
court room but a short time returned
i verdict for the defendant
The next ease to be heard was that
of Susan futile, formerly of HaIlowell.
but now residing at ST. Adams. VS..
Emma II. Merrill, her daughter. of
Hallowell. The action was to recover
$500. which the plaintiff claims to
have paid towards home for her
SELF her daughter and her daughters
husband. 1t was claimed that the
place was sold later. and the proceeds
appropriated entirely by Emma, who
refused to pay back the $500, which
the mother had invested in the house
NJ. H. Simmons of Hallowell appear
| ed for the plaintiff; NJ. Z. Sawtelle of
Augusta for the defendant.
Susan futile, the plaintiff, testified
that in April. 1910, she came to live
| with her daughter in Hallowell and
had lived there only short time be-
| fore she was induced to buy the house
where they were living, and that she
paid $500 towards the purchase She
| testified that the property was sold by
Mrs. Merrill i'm July of the next year
and that she refused to pay back the
| $500.
| In cross examination by Atty. Saw
telle she was asked if she had not
made the statement that she gave the
| $500 to her daughter and she answer
| ed NO
Mrs. Mertie A. Perkins of Halowell.
| who purchased the property from Mrs.
Merrill, was called by the plaintiffs
counsel, and she testified that 1880
was the amount that she paid for the
property.
| Emma II. Merrill, the defendant was
] the first witness to testify on her side
Of the case. She said that she and her
| late husband were living on the place.
when her mother came from Salt Lake
City to live with them, and that her
mother had not been there a very long
l iliilc DSIOic Siie SuSStSttu llldl Tie
WITNESS buy the place for a residence
and she would pay $500 towards it.
The witness said that she took the
money as a gift, not as a loan, and
that she believed her mother intended
/ it for a gift at the time. She testified
that her mother did not mention the
fact that the money was a loan until
after they had had a disagreement.
Geo. H. Harrington, an employee at
the State House testified that he had
/ previously, and that she made the
statement that she gave her daughter
$500 to help buy the place with. The
conversation occurred .in- the sitting
room of Mrs. Merrills home.
Mrs. Julia A. Barker of Augusta
Testified that she had had some con-
iversation with Mrs. Tuttle, while in
Mrs. Merrilrs home, and that Mrs,
futile had also made the statement
to her that she had given money to
Emma and her husband to buy the
house.
Mrs. C. II. Wallace of Readfield also
said that Mrs. futile made similar
statement to her in regard to giving
the $500 to her daughter
The testimony was completed,
Wednesday afternoon. and the case
will go to- the jury, Thursday fore
noon.