Worcester daily spy. [volume] (Worcester [Mass.]) 1850-1888, 1859-10-17

No 1000, John Ii. Pierce ct al, VS.. d. e.
Newton. Exceptions overTuled
No 1901, Harriet (. Sayles VS.. Daniel Fan
ming. Merrick, Judge. Where the State re
quires the magistrate who issues a bastardy
process to examine the complainant, and re-
ducs her examination TO writing, it is no OBJ
lection to the complaint, that the written ex-
animation produced was written out before
hand for the complainant by some other per-
son, the magistrate testifying that he carefully
examined her orally when he received the
complaint. Judgment for the plaintiff on YER
diet. trr
No. 1908, Fitzroy Willard tal.ys. HID. Stone,
and No. 1904, L. w. Wellington vs. ID. Stone.
No appeal lies from Judgment Of Court of
Common Pleas on demurrer to plea in abate-
ment. Appeals dismissed.
No. 1905, r. s. Denny VS.. New York Cen
trail Rail Road Company. Merrick, Judge.
Where quantity of wool was delivered to
defendants as common carriers to transport
from SUSPENSION Bridge to Albany, and the
wool by their negligence was delayed several
days at Syracuse and then transported safely
to Albany, and there in their depot was injur-
ed by flood, to which it would not have been
exposed but for such delay, defendants are not
LIABLE the delay not being the proximate cause
of the loss. New trial granted.
Nos. 1905, 1914, d. II. Fitch ct al, VS.. S. p.
Harrington, ct ais Merrck, Judge. Where
person by contract with one member of a
firm, is entitled to an interest in that members
share of the profits, he is liable as partner to
to the creditors of the firm, although this con-
tract is unknown to the other partners. New
trials granted.
Edward Denny VS.. Conway Fire Insurance
Company. Bigelow, Judge. Where policy
of insurance refers to ga survey on file in this
office, and makes the statements therein con-
tanned warrantees on the part of the insured
the company cannot set up in defence to an ac-
ton on the policy, his representations contain
ed in an application on file in their office,
which application is not signed by or on be-
half of the insured, although said application
contains the survey referred to. Exceptions
overrued
No. 1923, Joshua E. Bemis (by guardian,
Sci VS.. Dolly Ann Bemis, Administrative
1929, PAMELA r. Bemis, by guardian, &C., vs.
Dolly Ann Bemis, Administrative. Shaw,
Chief Justice. Where an administrative of a
guardian settles the account of her intestate
with the ward i'll the Probate Court more than
two years after the filing of her administration
bond, and is ordered to pay over to the ward
ting sum found due, she is not liable in an ac-
ton against her as Administrative for such
sum- Judgment ior defendants.
No. 1870, Henry Chaplin, Judge, &C., vs.
George Ii. Livermore, continued nisi for adj
visement
No. 1851, Isaac Bemis VS.. Dolly Ann Be-
mis-, Administrative. Shaw, Chief Justice
The statute of 1852, limiting suits against adj
mlnstrators to two years from the time of
filing their bonds, does not apply to bonds filed
before it took effect.
1857, Chas. Flagg VS.. City OF Worcester.
Continued nisi for adyisement.
No. 1869, Sarah f. Harrington VS.. Adam
Harrington, administrator. Bigelow, Judge.
The wife of devisee is not entitled to appeal
from decree of the Judge of Probate order
ing sale of the land of the testator for the pay
ment Of debt or debts. Appeal dismissed
No 1921, Blackstone Manufacturing Co vs.
Inhabitants of Blackstone Shaw, Chief JUS
tice. A corporation incorporated by the laws
of another State, authorized by statnte of
Massachusetts to hold real estate here, is tax
able for stock in trade and employed in manu-
tacture in a town in this State where it carries
on its business
No. l032, Joel r. l.. Douglas VS.. Solomon
Shumway. Bigelow, Judge. One who sells
standing wood to be cut by the buyer within
stipulated time, has no vendors lien thereon
for the price, though the buyer become insol-
vent after the wood is cut but before it is car
ried off the land. Nothing passes by mort
gage Of standing wood situate in this common
wealth on land of another, the mortgagor and
MORTGAGE being residents of another state,
without delivery of the wood though the
mortgage be recorded in the Registry of
Deeds. Such wood is personal property, and
mortgage thereof has no validity, unless re-
corded in the clerks office of the town where
the mortgagor resides. Such mortgage being
lost, certified copy from the Registry of
Deeds is not competent to prove its contents.
Exceptions sustained. Verdict set aside, and
new trial granted.
No. 110l, Roxalana Farnum vs. Franklin
NJ Farnum ct al. Metcalf, Judge. Where
improper evidence is admitted, it is good
ground of exception though the presiding
Judge tell the jury in his charge that it is i'm
material. Exceptions sustained, and new
trial granted.
No. 1902, Daniel Bacon vs. Almond Will
liams ct al. Bigelow Judge A disputed sig
nature cannot be used in cross examination of
an exparte witness to test his accuracy. The
admission of plea at the trial is matter dis
cretlonary with the Judge. Exceptions over
ruled.
No. llO3, Jonathan Day VS.. John f. Moore.
Metcalf, Judge. Where copy of writ would
be competent evidence, original is competent.
Exceptions overruled.
No. ll27, John w. Draper vs. Salem T.
Weld ct ais. Continued for advsement.
ANO' LOU, NcOISc w. w Heeler, ClLy Treas
urer of Worcester, VS.. Henry Goulding Well
come Farnum, petitioner Shaw, Chief JUS
tlce. Where statute authorizes suit for pen
atty in the name of the treasurer of a town or
city, one half to the use of the town or city,
the other half to the use of the person furnish
ing the necessary information in the case, such
person is not entitled to be admitted to prose-
cute the cause, although the plaintiff and de-
PENDANT are about to settle the case without re-
gard to his alleged claim, and propose to enter
the same neither party" Petition dismissed
with costs, and case RENTED to Superior
Court with directions to enter nonsuit
No ll47, Elijah Dickinson ct al, vs. in
habitants of Fitchburg. Cause RENTED to
Superior Court with directions to set aside
the verdict.
No. ll49, Grafton Bank vs. William NJ
Bicktord ct al, assignees of H. d. Stone. Con-
tinued nisi prisi for advisement.
Twelve causes which were not reached for
argument, were continued nisi, i. e. to another
court, unless the parties, in the meantime, set
tie them.
PAUNCEFoRT's ATHENEUM-A delightful
full opportunity is now presented to our citizens
in witnessing a rational and intellectual enter
tainment replete with wit pathos, and charm.
ing and natural acting. Nothing coarse or
offensive is uttered to offend the ears of the
most fastidious, as the manager is determined
to deserve the support of those Enough he
may not attain it, who from sectarian scruples
are antagonistic to dramatic representations
No one can deny that amusement is necessary
to our nature, that the tolls and cares of bust.
ness require relaxation, and when we have a
gentleman among us who devotes the best