Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1917-04-25
SUPERIOR COURT
Case of Emma Wing of Provi-
dence, r. l., VS.. Matte Much
more of Readfield Before
the Court and Will Be
Resumed Today

Tuesdays session Of the superior
court was occupied with the case Of
Emma Wing of Providence, r. T., VS..
Matte Muchmore Of Readheld, IN
which the plaintiff claimed damages
in the sum of 5000 on account of the
alleged failure of the defendant to keep
the terms of a lease. Ellsworth L.
Peacock Of Readfield appeared as
counsel for the plaintiff while the de-
PENDANT was represented by Leroy T.
Carleton of Winthrop.
The defense in the action will be re-
sumed this morning.
According to the claim of the plain
tiff on April IA; 1915, the defendant en-
tered into an agreement to lease the
farm at Fayette owned by Mrs. Wing,
the defendant took possession of the
farm by the lease but she failed to
keep her agreement by cutting wood
and not leaving four cords at the
farm. by selling the hay on the place,
by not paying the insurance and taxes,
and by leaving the farm vacant.
Attorney Peacock read the deposi-
ton of William c. Loring of ProVi-
dence r. l., who had witnessed the
signing of the document. The contract
was then read by Mr.. Peacock. By the
terms of this contract the defendent
leased the farm of Mrs. Wing from
April /. 1915, to April l, 1916, agree
ing to be on the farm, to keep it i'll
good repair to pay the insurance and
taxes when due, to leave four cords Of
cut frewood and to sell or take from
the place no hay, and to make no al
terations upon the place without the
consent of Mrs. Wing.
The deposition of the plaintiff, Mrs.
Wing, was then read by Attorney Pea
cock. The taxes and insurance
amounted to S25. Plaintiffs daughter.
Mrs. Albert Meade, Mr.. Meade and
Attorney Peacock had been appointed
to act as her agents. Mrs. Wing had
estimated 5000 the amount of dam
ages caused by Mrs. Muchmore on the
Wing place. He estimated that Is tons
of good quality hay had been cut on
the farm in the summer of 1915. He
had hauled two cords of stove wood
to Kents Hill from the Wing place
Hay was worth $12 per ton. The VAL
ue of the stove wood was then about
S. per cord. He had received $50 for
cutting hay there.
Oscar Petite of Fayette testified thai
he had hauled hay for Mrs. Muchmore
from the Wing place in October. He
hauled four or five loads of hay in ILL
lie thought there was little Lay eft
IN the barn. Upon cross examina ton
he said that Mrs. Muchmcre lad en-
gagged him to haul only Two ,oads.
Attorney Peacock then read the de-
position Of Ada Wing Meade Of Prov
ldence, r. l.. daughter of the plaintiff
and one of her agents. Deposition
showed that Mrs. Muchmore had left
the farm voluntarily. The deposition
OF Albert B. Meade Of Providence, r.
l., showed that when he was agent for
Mrs. Wing he did not waiv4 any of
the conditions of the lease.
Defense
The claim of the defense was that
Mrs. Wing had notified Mrs. Muchmore
by letter that she wanted to sell the
place and wanted her to get out. So de-
PENDANT was justified in leaving the
farm. Defense admitted liability for
500 for Mrs. Wings horse, for the val
ue OF the hay taken from the farm and
for not leaving four cords Of wood if
that amount was not left, but defense
denied liability for insurance and taxes,
and for the place being vacant. To
meet the liability, Mrs. Muchmore had
a claim for entertainment of Mrs. Wing
and articles furnished.
Mrs. Ida A. West of Portland said
she had visited Mrs. Muchmore. who
was in poor health. Mrs. Muchmore had
moved to Kent's Hill about Nov. 10.
Witness testified concerning hay being
moved from the farm. She had read a
letter from Mrs. Wing saving she was
going to sell the farm. She had heard
Mrs. Wing say to Mrs. Muchmore: II
must owe you more than you owe me-
Mr.. Hubbard had taken possession Of
the, farm in November. There were
four or five cords of wood on the place
when she left.
The defendant. Mrs. Muchmore. tes-
titled that she was in poor health. She
had sold horse for Mrs. Wing. She