Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1916-01-21
SUPERIOR court
Bither VS.. Packard Last of Civil
List Heard Thursday-Case
Taken from Jury and Will Be
Reported to Law Court


The superior court was occupied
Thursday with it's last civil case this
| term, that of B. Earl Bither Of Au-
| gusta VS.. Justin E. Packard Of Angus
ta- All the testimony in the case was
put in at the session and at the close
of the evidence Judge Beane announced
| that the jury would have no more work
| to do on the case as it had been de-
| c1ded to report the case to the law
court E. NJ. Thompson Of Augusta
was attorney for the plaintiff in the
action while the defendant was repre-
scented by John E. Nelson Of the firm
! Of Andrews &, Nelson Of Augusta.
Criminal Cases Today
The trial Of criminal cases will be
| commenced today, those in order for
trial at today's session being as fol.
| lows:
| 27-State VS. Charles Ward.
Estate VS. Jeffrey Savoy.
| 3S-State VS. Fred Stevens.
Bither vs.. Packard
an action for money had and received
in which the plaintiff sought to re-
cover sum Of $500 which he had
paid to the defendant in monthly pay
ments Of 5000 each according to con-
| tract. which the plaintiff claimed wGs
made under duress and thus was void.
By this contract Mr.. Bther agreed to
| pay Mr.. Packard 5000 each month as
long as he remained in the drug bust
| ness. The payments were made by
| check from Dec. IA, 1911 to April 20.
1915. Mr.. Bither was indebted to Mr..
| Packard for money the plaintiff had
| borrowed with which to pay for his
home and his business.
| The plea was the general issue, de-
Tending the written contract.
Mr.. Bither, the plaintiff, testified that
| he came to Augusta from AroOstook
county and made his home for TIM
! at the home of his uncle, Justin E.
| Packard, the defendant in this action.
| Later he boarded at different places and
| continued to attend the public schools,
| graduating at the age of 20 from the
| Cony High school. On Sundays he was
| employed about Mr. Packard's real eS-
tate. After graduating from the High
| school he was employed for time at
| Wheeler'S jeWelry store and later was
| head usher and treasurer at the IA
| guSta Opera house. He had always
| been on the best of terms with Mr..
| Packard and his family. He was next
| employed as clerk in Means drug store.
| in the same store where he now car
ries on the drug business under his
own name When Mr.. Means sold out
| Mr.. Bither consulted with Mr.. Packard
| and f. NJ Thompson about purchasing
! the store. Frank Burns purchased the
| business and Mr.. Bither continued to
clerk in the store. In August 1911.
after Mr.. Bither had become engaged.
he purchased a home, paying for it
$500. Mr.. Bither paid in $500 which
| he had saved and $1,000 which he bor-
rowed from the defendant. The pay
ments were to be made at $500 per
| month at percent payable seni-an-
nually. In November. 1911 the plain
tiff talked with Mr.. Burns who Offer
ed to sell the store at inventory Of
| $1,000. Mr.. Packard decided to let the
plaintiff have the money and on the
| day before the transfer was made he
called upon Mr.. Bither and said he
| would have to charge him percent
| and reminded him of a bill for board,
| winch he Owned, amounting 10 9-UU.
On Nov 20, 1911 MIR. Bither purchased
the store, giving Mr.. Packard a chattel
| mortgage on the goods in the store and
| second mortgage upon his real eS-
| tate. Ii was finally arranged to have
| the assignment of the lease run to Nj.
Packard. On Nov. Il, 1911 the plain
tiff took possession of the store.
! Mr. Packard came in the store almost
| every day and one day he came in and
said it was not fair to his family for him
| to make the loan and he suggested
| partnership to Mr.. Bither, who told Mr..
| Packard to have some partnership pa
pers made and he would think it over.
| After consulting the matter with friends
Mr.. Bither told the defendant that he
! had decided that he did not want part
ner. Mr.. Packard seemed worked up but
offered to buy the store and pay Mr..
| Bither s25 per week for his survives. At
the first of the following week Mr.. Pack
| ard came to the store and accused Mr..
Bither of being instrumental in keeping
the lease of the store from him. On Dec.
Is Mr.. Packard came to the store and
| asked to talk with Mr.. Bither in the Gel
lar. Mr.. Packard then accused Mr..
oilLeI VI pcltlS ulSHOHtSt, Hdu kept MIN
from getting lease of the store and de-
manded that Mr. Bither pay him $500
month or he would ruin him financially.
Mr.. Bither, who did not know about the
| chattel mortgage and was afraid Mr.
Packard would carry out his threats,
signed the contract after going with Mr.
Packard to the Office of Samuel Titcomb
Later Mr.. Packard asked Mr.. Bither to call
at his house and there he accused Mr.
Bither of trying to poison Mrs. Pack
ards mind against him by telling her
about the contract. The plaintiff made
monthly payments of $500 to Mr.. Packard
according to the contract. Mr.. Packard
said everything would be alright as long
as the payments were made.
Upon cross-examination by John E.
Nelson the plaintiff testified that he had
showed Mr.. Packard the books of Mr.