Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1921-04-12
SUPERIOR COURT
Case of Shapiro Of Gardiner VS..
Doyle of Caribou Continued
Through the Day Monday
Defense Will Probably Be
Opened This Morning


sum of $1,000 on a carload Of potatoes
defendant through Boston agency,
and which potatoes were of a much
inferior quality than those he ordered
and expected to receive. The case
was opened at last Fridays session Of
the court, and will be resumed at the
opening Of today's session. The de-
tense in the case will probably be
reached this forenoon
The first witness called by the plain
tiff when the case of Shapiro VS.. Doyle
was resumed was William j. Harmon.
storekeeper at Spears Corner. West
Gardiner. who had formerly lived in
Caribou. the town where the defendant
resides. He had witnessed some of
the sorting over Of the potatoes in the
basement Of the Shapiro store in
April 1920, and he said that there was
quite a lot Of dry rot and some wet
rot on the potatoes, and that he would
call them very poor potatoes. He saw
| very few, If any, perfect potatoes. He
said that Of what he saw, the men
| were throwing out about one-third as
waste potatoes. Cross-examined by
Attorney Perkins, witness was unable
to tell the exact requirements for U. S.
grade No. potatoes.
Thomas J. McDonough Of Gardiner
had worked about two weeks for
, Shapiro sorting over the potatoes and
said that from one-fourth to one-third
were thrown out. There was wet and
dry rot on the potatoes.
Herbert F. Twombly of Gardiner de-
scribed the lot of potatoes as pretty
bad looking" He thought they were
throwing out about one-third as bad.
George E. Elwell of Pittston had
taken some of the potatoes from the
store. He had thrown out about three
fourths Of them and the rest he had
planted, but they did not amount to
anything. These were the potatoes
that were thrown out of the lot, that
Shapiro had purchased. He had never
received a bill for the potatoes, he
having notified Shapiro that they were
worthless.
Albert c. Hinckley Of Pittston had
bought some of the potatoes to plant.
or the lot of small ones that he got
/ (about IL barrels) he gave away six or
seven bushels and planted about eight
bushels He didn't pick them ali over.
He had paid SIS for the lot.
! William +. Currier. grocer at Hal
lowell, had purchased two lots of the
potatoes. about IS bags in each lot.
He had bought them April 20 and 81,
1920. He described the potatoes, say
ing that there were very few that were
not effected IN some way. They had
thrown out about half altogether. The
price was to BE 81 per bushel, the poor
potatoes being taken off the bill by Mr..
Shapiro.
Fred A. w. Berry of Gardiner had
worked for Shapiro sorting potatoes
and thought that about one-uuarter
Of the lot were thrown away as use
less There were about 100 bags of
understandable potatoes when they got
: through the work, he testified upon
cross examination. Mr.. Shapiro had
instructed him 'as to what. potatoes
to throw away. In addition to the
100 bags of potatoes left, they had
been selling some potatoes while he
was working there.
Ernest L. Johnson Of Augusta, who
is in the employ Of Shapiro at the
branch store in Augusta, testified that
In April, 1920, he had inspected a car
of potatoes for Mr.. Shapiro and that
they looked bad with lots of dry rot
and small potatoes. He had taken
some of them from Shapiro's store
to supply the Augusta trade and had
afterwards dumped some of the lot
that had been complained of. Cross
examined, he said that he himself
did not know what lot these potatoes
had come from.
The plaintiff. Mark Shapiro, of Gar
diner, testified that he is a wholesale
fruit and produce dealer. In Feb
ruary, 1920 he had bought potatoes
through the Shaddock- Carney Sales
Co. sent from Mr.. Doyle of Caribou.
He had contracted for and received
the Green Mountain No. l potatoes.
He made inquiry from the company
for another shipment and had been
offered a load of the same quality as
the first at $425 per 100 pounds. The
letter stated the offer was from Mr..
Doyle. He had accepted the offer. no.
tifying the agent Of the sales COM
pany. A letter from Mr.. Shapiro to,
Doyle was read by Attorney Good
speed; also letter from Mr.. Doyle to
Shapiro. He was notified April of
the arrival of the shipment and had
then inspected the load On opening
the bags, he had found the potatoes
large small and with dry rot and he
described them as "unsalable," and
'unmarketable." A few days later he
had been able to get Mr.. Doyle on the
telephone and told Doyle his order
was for a car of Green Mountain po-
tatoes and this carload was Of poor
quality. He said that Doyle had re-
Piled he was coming down soon and
would fix the matter up. Mr.. Doyle