Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1923-09-28

much hay the farm cut and not what
the amount was in the barn at the
time and he said that Mr.. Woodman
never told him that the farm would
cut IS tons.
At the close of Attorney overs ar
gument who took an hour for the
same session opened @ half an hour
early beginning at 100 instead of
200 o'clock and Attorney Amos But
Ter argued for the plaintiff speaking
a little less than an hour. Judge
Philbrook addressed the jurors to
intake his charge in the case he stat
ed that this was the first time that
he had occasion to address a panel
in presenting his charge as Mrs.
Forewoman and members of the
jury. In this instance. Mrs. Grace
Stevens. the only woman on the panel
had at the beginning of the case been
elected by ballot to act as forewoman
taking the place of Foreman Elmer
L. Greenwood of Skowhegan who had
been excused from this case. The
jurors retired at 2.45 and after being
out two hours returned with YER
dict for the defendant.
Elmer H. Tibbetts was drawn from
the supernumeriries to take the place
for the remainder of the term of
Joseph E. Paige Of Ripley who had
been called to his home Thursday
forenoon by a bereavement in his
family.
The case of Harry L. Kenney of
Pittsfield, who was represented by
Attorney Harry n. Coolidge of Pitts
field VS.. Maurice L. Adams of Ca
naan, represented by Attorney Ly-
-
opened by Attorney Coolidge who
said that the case was a suit to re-
cover payment on a promissory note
of Sli0 with interest at 6 per cent.
The witnesses called were the plain
tiff. Harry E. Kenney, Arthur Rich
ardson of Clinton and William
Gleduen of Waterville. The story of
the case as given by Coolidge is in
brief: That Adams bought a horse
of Kenney in the fall of 1921 at the
agreed price of s225. Adams took the
horse home and in a few days he
came back to Kenney with the horse
and said it vas not sound horse
but was blind in one eye and de-
ceased. kenney looked the horse
over and agreed that it was blind,
offered to take it back and let Adams
have any horse which he might Sc
ney stable. Adams decided that he
had rather keep the horse he had
and a discount of $25 was made by
kenney. Some time later Adams fur
nished ten cords of wood. valued at
$40 toward the payment of the horse
and paid $50 in cash thus leaving a
balance of s110. which was covered
by note of that amount. The horse
died after time and Adams refused
to pay the note which at the time of
the writ amounted to S115.64. Attor-
ney Coolidge presented this note as
his first exhibit. Upon looking the
note over Judge Philbrook called the
attention of Coolidge to it and said
that there was no mention of interest
on the note which was found to be
the fact when examined by Coolidge.
What had supposedly referred to the
interest read: "At six per cent"
which followed the words value re-
ceived" making the note read value
received at six per cent" Judge
Philbrook ruled that the note could
not be admitted as there was no al
legation for payment of interest on
the note and there had been in the
declaration. Mr.. Coolidge suggested
that the declaration be amended by
striking out the words with inter-
eoI JuQS0 ETllpTOOh calQ tIldI IIS
would allow that If there were no
objections by the opposing attorney,
Mr.. Walton. Mr.. Walton said under
usual circumstances he would not
object but as he was unable to have
only one of his two witnesses for his
client at present he said that he
should object. but if Mr.. Coolidge was
willing to continue the case he would
consent to the amendment. Mr..
Coolidge contested briefly that it was
only very small amount and Judge
Philbrook said that it did not mat
ter whether it was interest on a note
of S110 instead of on one of n larger
denomination did not affect the prin-
cipa1. Judge Philbrook said that he
could not allow the note to be ad-
mitted and neither could he compel
the defense to accept the amendment.
The plaintiff finally presented the
amendment. Which was allowed by
the defense without any objections
and the case continued until the |
January term.