The Republican journal., 1913-04-24
The Supreme Judicial Court.
Associate Justice Warren c. PhiIbrook of
Augusta, Presiding.


Associate Justice Warren c. PhiIbrook Of
Augusta, Presiding.
M. R. Knowlton VS.. American Express Co.,
in which a verdict was rendered for the de-
fendant, will 60 to the Law Court on appeal
Young, Cox & Payson vs.. the Eastman Car
Co., in which plaintiffs brought suit for $4O0 was
settled April 10th before it came up for trial,
after being assigned. and marked Neither
party" Dunton Morse for plaintiff. Thomp-
son for defendant The action was brought
to recover for GIT bushels of potatoes, valued
at $327.O0, which the plaintiffs shipped from
Brooks to Boston in car of the above COM
pany. with their agreement that the car should
be heated, but the plaintiffs claimed that the car
was not heated and as result, the potatoes
were frozen and destroyed. The shipment
was made Dec. II, 1910.
Maurice D. Towle, John W. Ferguson and G
Osborn Lord were drawn as jurymen to fill
vacancies caused by those excused and absent.
Herbert Payson of East Knox, VS.. John W.
Hobbs of Brooks was on trial Wednesday
afternoon. Payson borrowed SIS of Hobbs
and promised to bring in potatoes to balance
the account, but did not deliver them, and also
failed to keep his promise to refund the
money. Hobbs then took measures to collect,
and plaintiff while admitting the debt brought
action for false arrest malicious prosecu-
tion. Justice Philbrook charged the jury at
the opening of court at g. 30 Thursday morn
ing and the case went to the jury about 10.
The jury deliberated about an hour and
turned verdict for the defendant. Ritchie
for plaintiff; Dunton & Morse for defendant.
Exceptions were filed by plaintiff
The next case to follow was that of Alice ].
W. Waldron VS. Mrs. M. A. Moore. This was
an action of foreclosure on a mortgage. The
plaintiff alleges that she bought the house
known as the Howard house at the corner of
Spring and Cedar streets, Belfast. paying $1,000
for it and decided it to the defendant, taking
the defendants mortgage for the same amount,
$4,000, with interest to be paid semi-annually.
Mrs. Waldron. who is now about 80 years of
age, boarded with the defendant for time
and credited her with $s0s.22 on the mortgage,
leaving unpaid on March IA, 1911, balance of
$2497.74, on which interest is claimed to date
of settlement. The defense claimed that the
plaintiff and defendant made a contract,
whereby the plaintiff was to have home with
the said Mrs. Moore the rest of her life and
that the mortgage vas to be paid in that way;
that the house was at her disposal as home
and is now, but that she willfuly left it. JUS
tice Philbrook ruled that this case should be
decided on point of law, and it was with
drawn from the jury before the witnesses
Dunton & Morse for plaintiff; Richie for de-
fendant. A motion for conditional judgment
has been filed by the attorney for the defence.
Ned L. Roberts of Brooks VS. Sarah L, Red
ding of Methuen. Mass, was a suit to recover
for 35 weeks board, due the plaintiff by the
defendant, at s. per week, or S10757. The
amount of the suit is $500. 1t was in evidence
that the plaintiff was born in the home of his
aunt Mrs. Abbie Roberts of Brooks, and had
always lived there. He claimed he took care
OF her and was to have the farm at her death
Her sister, the defendant in the suit, came to
take care of Mrs. Roberts in her last illness
and trouble ensued in settling the property,
lCiiSS Lie SulI. II appears lHdl no Will Was
found and Judge Philbrook said the jury should
decide if there was an implied contract. They
returned verdict for the defendant.
Fred L. Curtis VS.. William Gould, Jackson
parties, action on account for services rem
dered was trial Thursday afternoon. The
plaintiff lad of l6 years, through his mother,
Mrs. Emma L. Curtis, brought suit for $S4,
q
June to November 1912 The testimony show
ed the boy could do mans work, and left be-
cause the defendant threatened to "lick" him
if he didn't do his work better. The defendant
claimed to have paid the boy S40.15 and had
given him special privileges. The jury re-
turned a verdict for the plaintiff for $27 SO.
Dunton & Morse for plaintiff; Buzzell for de-
fendant
Exceptions have been flied in the case of the
Essex Fertilizer Co., VS.. George o. Danforth
This case was heard the first day of the
term and verdict was returned for the de-
fendant. 1t involved an account in which the
plaintiff claimed that part payment of bill
of $3.50. amounting to $50. was due.
The case of Frances D. Lassen of Rockland VS.
Justus C. Strawbridge late of Philadelphia and
Camden, which was dismissed on the opening
day of court, was restored to the docket Thurs
day by request of Gen. C. P. Cilley of Rock
land, attorney for the plaintiff. Judge Ruel
Robinson of Camden is counsel for the de-
Tense. The action is brought to recover the
possession of what is known as Saddle Island,
between Mark and Lassell Islands in the West
Pen obscot Bay, which the plaintiff claims is
her property and which the defendant seized
and took possession of. This case was entered
some years ago. .and at the April term, 1906, was
dismissed for want of prosecution. The record
Of the dismissal was stricken off, however, and
the action restored to the docket
The case Of Aida Heald vs.. Burlington M.
Barker, both of Troy, occupied the attention
of the court all day Friday. Miss Heald is a
school teacher and owns farm in Troy on
which she lives when not teaching. She brings
suit to recover $132.50 for hay and potatoes
sold to Barker and for which he was to paw in
work on her farm She claims that h;a uork