The independent-reporter. [volume] (Skowhegan, Me.) 1909-1955, 1914-04-16

liability. There being practically no
dispute as to the facts and the ui,es
ton being purely one of law, the coI,r,
made u pro forma ruling directing
verdict for the plaintiff for the SIM,
of $685. in order that the Question
might go to the law court fer the de-
termination of the question of law m
on exceptions.
The second case was that of I.ara.
r. Folsom, Receiver of the Smith pnb-
fishing Co. vs.. Smith ct ais. jude
r. +. Lawrence acted for the receiver
the suit being brought against the d.
rectors, Clyde H. Smith, DR.. K. e
Brown. Or. S. +. Greene, DR.. J. f. Hin
and the estate of the late J. p. Clark
on the ground that after the Smith
Publishing Co. became insolYent. they
sold out the business and used the
funds in paying certain creditors n
preference TO general merchant So
creditors. The testimony Showed
that the subscription list was sold IN
the Pulitzer Co of New York for Sl7
500 and the Publishing Company re-
ceiyed in payment $3.50 in cash ana
$4,000 of the capital stock OF the
Pulitzer Co. The cash was deposited
in the bank in accordance with the
regular banking custom of the Smith
| Publishing Co. ana took care OF Ger
tain oYerdraft at the bank, while from
it certain other accounts We're p.id
! The stock OF the Pulitzer Co. was tan
en- in three OF the directors names.
Clyde II. Smith, John F. CLARK lnd
+. Greene. The testimony shoHfo
that this was done because these gen.
tlemen had paid in more money to the
Smith Publishing Co. than had their
associates, while their intentions wsre
to convert the stock into cash as soon
as there was market for it. and use me
cash in paying the bills of the COM
pany and reimbursing themselves from
any surplus 1t appeared frCm the
testimony that had the Pulitzer stock
been worth what the directors beliey-
ed it 10 be worth at the time they took
it, the Smith Publishing Co was SOL
vent and that the directors believed
it to be solvent at the time they made
the payments complained of by the
plaintiff. The Pulitzer Co. failed and
its stock became worthless. This
stock becoming worthless, made the
Smith Publishing Co. insolvent
The case was reported to the Law
Court by agreement, this decision be-
ing arrived at, at little before five
p. Ia, Tuesday. Aside from Judge
Lawrence, who appeared for the re-
ceiver, Dr.. K. c. Brown was represent
ed by K. V. Brown and Geo. ". Cover.
DR.. 5. +. Greene by Geo. w. Cover;
Clyde ii. Smith by Merrill q Merrill:
L. f. Danforth and Mrs. Helen {.
Wentworth, executor and eXecutriX il
the estate oil the late John F. Clark
by Butler & Butler; Dr.. }. f. Hill by
Walton & Walton.
The case of Harold f. Lawrence OF
Fairfield VS.. Kennebec Journal was
taken up Tuesday night This Was
a libel suit The case was opened
and testimony on both sides was taken
out. 1t was finally withdrawn from
the jury however and the plaintih
non-suited.
Deputy Sheriff Henry Armstrong
of Jactman was in Skowhegan, Tues
day accompanying Arthur Blair here
from that town. Blair was indicted
last week by the grand jury, but when
the officer undertook to locate him, he
was not findable. The vigilance of
the up-river official was still kept up
however with the results before men
toned. He was tried before Judge
Bird yesterday morning on single
sale charge, pleaded guilty and was
fined $50 and costs or so days in jail
Simon Nyman also pleaded guilty be
fore Judge Bird on a single sale charge
and was fined $50 and costs or thirty
days in Jail.
Yesterday a case in which Pittsfeld
people were concerned was taken up,
several prominent citizens of that town
being here as witnesses. Suit has
been brought by the Pittsfield Trust
Co. VS.. b. n. White to recover the face
value of promissory notes and inter
est thereon amounting to about $509o.
The note was originally given to the
Smith Wooden Co., it is understood,
and the defence claims that the Smith
Wooden Co obtained the note through
false representations and the Trust CO.
took the same with the knowledge OF
the fact Williamson, Burleigh q
Mclean of Augusta are council for the
plaintiff and Manson & Coolidge Of
Pittsfield for the defendant. II is eS-
pected that this case will occupy quite
portion of the time today