The independent-reporter. [volume] (Skowhegan, Me.) 1909-1955, 1917-02-01
SUPREME JUDICIAL COURT
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Continued from First Page
ceny continued for sentence. respond
ent to remain in charge of probation
officer; State VS. Alvin Randall, Apt.
driving auto while intoxicated, mol
pressed for want of evidence; State
VS. Chin Hong, placed on file, re-
spondent out of State: State VS. Ed
ward vigue, Medford Galway and AL
phonso Galway, breaking. entering
and larceny, continued for sentence;
State vs. Ernest Brown and James
Brown, malicious mischief. continu-
ed State vs. Clifford Wood, Aplt., in
toxication, placed on file; State VS.
Joseph Carpenter, Aplt., single sale
mol pressed warrant defective; State
VS. w. j. Henderson, Aplt., violation
of game law, continued; State VS.
David Murray, Aplt.. trnancy, con-
tinued. OF these cases all but the
following have been settled out OF
court: State vs. Perley H. Crom-
well; State VS. Blanche Arden; State
VS. Joseph Eftein; State VS. Alphonsne
Lafond; State VS. Alphonse Lafond.
In the cross action cases which
took up nearly all day last Thursday,
the jury returned a verdict for the
plaintiff in the sum of $55 in the first
suit which was that of Fred r. Green
of North New Portland against Josiah
| p. Prescott. In the second case the
jury found a verdict for the defend
ant Green.
The first of the two cases was Fred
r. Green of New Portland VS. Josiah
p. Prescott of the same place and the
second case was Prescott VS. Green.
Green was represented by Judge Au-
gustine Simmons of North Arson and
Prescott by w. b. Brown Esq, OF
Madison. The cases were opened by
Judge Simmons just before the close
of court Wednesday afternoon. BY a
writ dated Jan. II, 1914, Fred r.
Green attached the goods of Prescott
to the sum Of $50. the case being an
action of trOver to recover a brown
mare. Green and Prescott snapped
horses, Green giving bill of sale for
1886 for boot on the swap. About a
month after the first swap, they
snapped again at which time Green
gave $40 in money to boot and bill
of sale for $685., the cents being add
ed for interest, to take place of the
| first bill of sale he had given. In ad-
dition Green agreed to cut the hay on
Prescotts farm to cover the bill of
sale and the hay was to be cut before
July Is or Prescott could take the
horse. 1t seems Green traded off the
horse to Clyde Cole the day before he
finished haying on Prescott's
farm Green did the haying under
the direction of Prescott himself ex-
cePt for one or two days when Pres
colt was absent. He worked II days
with one man to help. Prescott
claimed Green agreed to cut the hay
including a swale, which Green de-
MED. At any rate afterward Pres
colt claimed SIS more due him because
| the swale was not cut. Prescott
went to Clyde Cole, claiming the
horse he got of Green was not paid
for and claimed IS due. Not getting
this of Cole he returned the next day
and took the brown horse, the de-
! PENDANT afterward bringing suit to
recover the value of the horse.
The promissory note case, Josiah
P. Prescott VS. Fred R. Green Of New
Portland was then taken up, Judge
Augustine Simmons appearing for the
defendant and w. B. Brown, Esq, of
Madison for the plaintiff. Green OH
June ~. 1908, gave note for SIS
agreeing to pay Prescott on install
ments for a horse which was guaran-
teed to be all sound. kind and right,
but according to the defense was
vicious and unsafe to drive. The
plaintiff agreed to take the horse
back and did, the defendant paying in
addition $12 but the note was not
given back to him. The main con-
tention in the case, however, was that
OF the minority of the defendant when
he gave the note and the case was
taken up on this alone. The father
Of Fred Green. on being called to the
witness stand testified as to the date
of the boys birth, Oct. s. 1883 and
Judge Simmons asked the judge to
direct verdict for the defendant
which was done, the foreman of the
second jury, B. A. Sawyer Of Skow-
hogan. stepping to the desk of the
clerk of courts and signing the YER
dict in the court room.
In giving his charge to the jury
concerning those cases, Justice Cor
nish said that often the small cases
had many points of law involved, as
these two which had been tried to-
gether. In the first. suit for troveT
Green must show his proper title to
the horse. The note given by Green
was in the latter part in effect a
mortgage 1t received two endorse
ments, one of $25.35 for cutting part
OF hay and one of SIS making $30.35 In
all. The note was for $685., but II
the jury found the contract for hay
ing did not include the sale for which
Prescott demanded IS be allowed
him, then the note in truth was al
paid, regardless of the endorsements
Prescott's taking the horse gave him
only mortgage title which he die
not perfect legally to get perfect title
though he sold the horse as II 1t were
actually his. Green's rendering OF s.
in September and asking for his note
/ and horse then gave Green the title tC
the horse and he had right to take 1t
The second case was to recover dam
| a oas for hroac h of having contract