Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1921-10-18

$500. Mrs. Eraxp Zoub of Augusta
appeared at Mondays session of the
supreme judicial court for Kennebec
county. bringing suit against her
former husband, Horace NJ. Paine of
jay. to recover for the payment Of a
mortgage ON an automobile bill
The automobile, Ford sedan. had
been given to her in consideration of
her marriage TO Mr.. Paine. but aft
er her marriage she learned that the
car had been previously mortgaged
to D. W. Bailey of Livermore Falls.
And it was only after she had paid
the mortgage note amounting to
s9s1.36 that the car was hers With
out question.
It was for the recovery Of this sum
Ct money which she had paid out on
the mortgage note, with interest,
that Mrs. Zoub brought suit. Mrs.
Zoub is known in Lewiston as Mrs.
Annie NJ. Roderick, and before her
marriage to Mr.. Frederick, as Miss
Annie LeClair of Augusta. With the
number of witnesses sworn. it look
ed like an all-day case but before
the testimony had proceeded very
far there was sudden halt in the
proceedings.
Mrs. Zoub told her story Of the
transactions, answering clearly and
without hesitation every question
asked of her. No other witnesses
| were called
| Associate Justice Deasy then called
halt and instructed the jury to re-
| turn verdict for the defendant on
the ground that a mere gift does not
carry with 1t any guarantee that it
liz free from circumference. and fur
thermore that there is a statute to
the effect that no action shall be
maintained on suit for the consid-
Grafton Of marriage unless the COM
tract or memorandum is in writing
and is signed. The jury then return
ed the verdict for the defendant.
To the judges charge to the jury,
counsel for the plaintiff took eXccp-
tons, which were allowed.
Attorneys G. Rudolph Grua of
! Livermore Falls and John L. Nelson
I Of Augusta appeared as counsel for
Mrs. Zoub, while the defendant was
represented by Attorney Frank But
| Ter of Pennington.
| Six witnesses were sworn in for
the plaintiff.
| Mrs. Annie r. Zoub. formerly An
ME Roderick, testified that she resides
, in Augusta and is the plaintiff in the
action When she was living at
Lewiston in December 1919 she first
became acquainted with Mr.. Paine.
He later proposed marriage to her.
She hesitated, saying that she had
always lived in the city whereas he
| lived in Jay, a small town. Plaintiff
stated that Mr.. Paine had offered her
an automobile and they decided on
Ford sedan. This was at Mr. Paine's
farm in Jay. Following this con-
versatfon and previous to the mar
! riase on Feb. Z, 1920. Mr. Paine Or
dcred the automobile that he was to
give her in consideration of her mar
riage. On May "a. 1920, Mr. Paine oh
tanned the car. They had separated
before that and he had paid $500 to
her on consideration that she release
him from any liability. hut he begged
her to r"turn ard Th" 'i| ~ho e-'.'
that he had an auto lock put on the
car so she could not use it, but later
he gave all the keys to her.
Plaintiff told of their marriage
difficulties and their agreement that
she should return to her father. They
had. gone to Attorney Buffers office
where she had signed an agreement
releasing him from any liability in
consideration for $500, which he paid
to her. She stated that Mr., Paine
said that if she left him he would KIN
himself, and she promised to return
to him. When she went back. he
took the s400 from her, depositing
part of ii and spending part of it for
clothes for her. He had later given
her $500. They had marriage diff
culties and she had taken her auto
and her money and had gone to her
home. She said that she had not
known there was a mortgage note on
the auto. Mr.. Paine had her arrested
in Pennington for the larceny Of tho
car, but the car was given to her by
the court. 1t was. admitted by both
parties that Mr. Bailey, the Ford
dealer, had commenced foreclosure
proceedings on the mortgage. The
deputy sheriff had taken the car away
from her in Augusta, and she had
offered the amount Of the mortgage
note. but she stated that Mr.. Bailey
did not want to accept the money.
She was, asked by attorney if she
had later brought q bill in equity to
redeem her car, but this question was
objected to by Attorney Butler ara
was excluded by the court.
Did YOU later pay money TO Mr.
Bailey to redeem the carr" asked at
torney for plaintiff.
Eyes, I paid $751;" said Mrs. Zoub.
Later. according TO the plaintiff. she
had obtained a divorce from Mr..
Paine She said that Mr. Paine had
told everyone that it was her car and
that he had it put in the paper that
she had gone in her car to visit at her
home.
At the time Of the hearing at
Pennington on the larceny charge,
Mr.. Paine had admitted he had given
the car to her. She testified that he
had stated. 81 think that did at, one
time give it to her"
With the testimony of the plaintiff,
the case was rested by both sides and
Justice Deasy gave the charge in
structing the jury to return a verdict
for the defendant. which was prompt
" done by the jury.
Richardson VS.. Ireland