Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1922-04-18
Intricate Case
Involving Lease
at Municipal Court

az AVA AAaANAC0A SVAA
An intricate case Of law was
brought before Judge Charles w. At
chley in the Municipal court Monday
afternoon, in which the validity of a
lease purported to be i:;ued by Lewis
Levine. owner of building on Kel-
sey street, occupied by Marcoux and
Company, to j. Alfred Marcoux, for
mer inside manager Of the aforesaid
company. Because Of this lease, j.
Alfred Marcoux is attempting to have
the present tenants vacate the premi-
ses within seven days and this the
tenants are resisting through the
court of law.
Carl Blackington is counsel for j.
Alfred MarcouX and Harvey d. Eaton
is counsel for Marcoux and Company.
The defense contends LAT it is tenant
at will of said premises under one
Lewis Levine and that it's tenancy
has not been terminated. 1t denies
the validity of the lease made to j.
4. Marcoux and states that the lease
was not made in good faith and with
intent to have the same take effect,
but it was a trick to unlawfulIy GUST
the defendant from the lawful pos
session Of said premises.
After a protracted discussion as to
the status of the Municipal court in
the case and the reading of several
of the statutes, evidence was heard so
that the court might determine
whether the lease in the question is
valid or not.
]. Alfred Marcoux was the first
witness He said thai he was a sau-
sage manufacturer and had been in
that business about three years. He
holds no stock in the corporation of
Marcoux and Company but was clerk
of the company for a time, his duties
ceasing the latter part of March,
having absolutely nothing to do with
Marconx and Company since that
time. At the best Of his knowledge
Lewis Levine was a stakeholder when
he (Marcoux) finished his duties. He
said that lease was offered to Mar
coux and Company several times
during the winter and refused.
rs it true that you we're discharged
Oh March so last by Il vote of the
board of directors?" 81 resigned. T
told them l would the next week and
I did"
When the corporation was formed
on April -, 1921 there were three
members. Myer Levine Louis Levine
and the witness. ]. Alfred Marcoux.
The testimony of the witness was
interrupted by verbal clashed be-
tween the attorneys. Since being
employed by Marcoux and Company.
Mr.. MarcouX has been anxious to 90
into business for himself He said
he knew Lewis Levine quite well and
knew that he owned the land on
which the MarcouX and Company
plant was situated.
Did you on April first make and
execute with Lewis Levine a lease
for term of years for valuable con-
sideration, of the property of Lewis
Levine at 10 Kelsey street," asked
Attorney Blackington
Il did, yes SIR" answered Mr.. Mar
coux. He identified his signature on
the lease which was offered for evil
dence, and also identified the sigma
ture of Lewis Levine. which he saw
the latter write. The lease was made
for the term of five years.
At the end of seven days Mr.. Mar
coux brought the action of forcible
Brothers who are now occupying the
premises.
On cross examination he said that
he is still clerk of the corporation
That he sold his stoci1 to Miss Esther
Foster of Fairfield and Miss Foster
has sold her stock to Mrs. NJ. o. Sill
Yer, or at least her check paid for it.
The witness said that he is in bank
ruptcy, that he has lease on the
premises acting for other parties in
that matter.
He was made inside manager about
last October. At a meeting of the
directors an attempt was made to
discharge Mr.. Marcodx but the vote
didn't pass. but the witness said that
when he found out thai he wasn't
wanted he said he would resign.
w ilcIi IlS louilu Jul HIS JOD
wouldn't be good with Marcoux and
Company. he began to think of a lease
OF the premises. He said that he had
no means of performing the obliga-
tons of the lease but he had men to
furnish funds.
He declared that the lease had
not been offered for sale. But as
soon as he had the right he gave
directions to take action to get the
Silvers out of the premiese on kel-
sey street.
On redirect examination. Mr..
MarcouX said that he had not had
the books of the corporation since
April !.
The witnesses for the defense were
Mr.. and Mrs. Sam Silver, Harry
Silver and Myer Levine.
Mrs. Silver. first called, said that
she had been bookkeeper for Mar
couX and Company. Alfred Mar
coux got through with the company
April 1st at noon and was paid to
that time. She said that there was
q vote to discharge Alfred Marcoux
passed on March 30th by the direct
ors, the discharge to take effect on
April 1st.
She first hcc Of the lease in
question, on the ming of April 3rd