Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1914-03-03

Piscataquis and Somerset county liti-
cation, have been handed down, as
follows:
Lydia earle VS.. Harriet o. Laid and
Asa earle VS.. Harriet o. Ladd, Re-
script, King, J.
In these cases the respective plain
tins are husband and wife, and the
defendant is the wife of Mark Z. Laid.
The action by Mrs. Carrie is to recov-
er for boarding certain laborers who
worked in numbering operation, and
that by Mr. Carrie is to recover for his
own labor and money paid to laborers
in the same operation. In each case
the verdict was for the plaintiff which
the defendant moves this court to set
aside as being against evidence. No
question was raised as to the items
sued for in either action, and the real
issue was that the defendants liabil-
ity therefor.
1t appears that Mr.. Ladd, contem-
| plating a numbering operation on lot
of land near his house, negotiated with
the owner Of the lot for the soft wood
lumber standing thereon and procured
{
giving back to the owner a mortgage
for 500, the full price for the growth.
Mr.. Ladd and Mr.. Carrie entered into
an arrangement whereby the lumber
ing operation was to be carried on by
a partnership in which Mr.. earle was
to share one-half of the profits and
losses and Mr., Laid and his son the
other half. Mr.. Garlic knew of the
contemplated purchase of the growth
on the lot examined and estimated it
with Mr.. Ladd, and considered and
discussed the partnership, previous to
the purchase of the growth.
Mrs. Ladd knew that the partner
ship was made between her husband
and son on the one side and Mr.. earle
on the other, for operating on the lot.
A contract for the sale of the logs and
other lumber to be cut on the lot was
made with the BENEFITS. owners of &
mill nearby. That contract was in
writing and nominally between Mrs.
add of the first part and the Ben
tetts of the second part. 1t stipulated,
"a addition to the terms of the sale
and delivery of the lumber, that the
BENEFITS should hole back in their
F.
and $3.50 per thousand feet on all logs
until the sum Of 500, the amount of
the mortgage given by Mrs Ladd for
the growth, was thus accumulated. 1t
also stipulated that at least 100000
feet of logs and 80 cords of lath stock
ehould be delivered in the winter of
laf1-12. This written contract was al
% signed by Mr.. Ladd, his son, and
&r. earle, and contained the follow
ing paragraph: M. P. Iadd and F. E.
ltadd and Asa Carrie, by their sigma
turc hereto. acknowledge that they
are parties TO this contract for the
cutting and hauling CT said logs and
lath stock and hereby waive any and
II labor liens which might otherwise
arise"
Pursuant to this partnership agree
nent, Mr.. earle took charge of the
operation, devoting his personal labor
% it until about the middle of jan
tary, 1912. Mrs earle bearded some
+ the .laborers. Mr.. Ladd purchased
upplies in his own name and Mr..
arle took some of them horne to be
counted for in final settlement
On January IS, 1872 Garlic and Ladd,
Cisagreeing about some details of the
work. had conversation as the result
of which Garlic took no further active
part in the operation. He thus stated
his version of the important part of
that converse tion. and finally I told
him he might pay me what l had in it
and he might run it as he had mind
10; and he said All right. how much
do you want?' I said, Pay me what
you pay the other men, He said, All
right, Just as soon as can draw some
money from the company / will say
you l told him my wife would want
the pay for the men boarded; and he
said, All right and he would come
+ ont to see her; and I sold out to him.
He said the first money he could draw
+ he would pay me a pert of it.
Mr.. I.add's version of the arrange
,nent is different. He stated, in sub
stance, that he told Carrie that if he
dropped out he would not be entitled
! to anything, but, nevertheless, he
would go on with the work and if
i there was anything coming after the
other bills were paid he would divide
with him until he got what he had
put IN. But in considering these mo-
tions to set aside the verdicts the
court will assume that the jury were
! justified in accepting Mr.. Carries state
ment that Mr.. Ladd agreed to pay him
! for his labor and what he had other
wise put in, and also to pay Mrs. Garlic
for boarding the men. Held:
| l. Mrs. Ladd could not be held liza
| BILE in these actions on the ground
| that she was partner in the lumber
| ing operation with her husband, son
and Carrie, and thereby became liable
for these debts contracted by the part
nership. And that is not really claim
ed
2. The only ground on which the
defendants liability in these actions is
predicted is the theory that Mrs. Ladd
was carrying on the numbering opera
ton as her business and that her hus-
band was her agent in dealing with
the Carries, and bound her by his
agreement with Mr.. earle to pay these
claims Insult. But the court is con-
strained 10 the opinion from a careful
consideration and examination of all
Al a.