Worcester daily spy. [volume] (Worcester [Mass.]) 1850-1888, 1863-11-03

subsequently informed llle Olucers Win conf
mendable frankness that he stole these arti-
cles on his way to town.
Sylvanus has reputation in this city not of
the most cnviable order. The court remark
ed that the case was an aggravated one, and
the stopping OF Mr.. kenney's team was all that
was required to make the charge one of high
way robbery.
Henry Leonard was convicted of obtaining
money under false pretences, of Josiah G.
Perry. 1t seems that one Hugh Smith, who
worked for Mr.. Perry, being at home, sick,
Leonard went to Mr.. p. saying that IIugh's
father wished him MIR. P) to send Hugh five
dollars, which request Mr.. Perry complied
with, as he was owing Hugh more than that
amount. The facts in the case are that Leon
ard obtained the five dollars without any war
rant for so doing, and he was convicted and
sentenced as above.
Timothy Ryan was convicted Of getting
drunk and fined 81 and costs; paid.
Patrick M'Grath and Catherine Lynch were
each fined 81 and costs, which they paid.
Supreme Court Decisions.
The following are the decisions which have
been rendered in the cases argued at the
recent law term of the supreme judicial court
in this city
L. Thayer VS.. j. Connor Exceptions over
ruled Dewey & Williams for plaintiff. Ba-
| con for deft.
John Bligh VS., Thomas T. James, Excep-
tons overrued.
David w. Cook VS.. Marshall Mills Excep
tions overruled.
Dolly Bond VS.. NJ. IL. Blake. Exceptions
waived.
Henry Goodwin VS.. Edwin Daniels ct al.
Exceptions sustained. Verdict set aside and
new trial granted.
Chandler Taft VS.. VIM. Dickinson. Excep-
tons sustained.
VIM. Dickinson VS.. Inhabitants of Wor-
cester. Exceptions were sustained, verdict
set aside and new trial granted Bacon and
Stoddard for plaintiff, w. A. Williams for de-
PENDANT.
Amanda N. Earle VS.. Ichabod Washburn.
Exceptions overruled. Nelson for plaintiff,
Hoar for defendant.
Norval B. Lamb rs. Western Railroad Co.
Exceptions Observation-Disclosures for de-
PENDANT Bacon for plaintiff, Dewey for de-
PENDANTS.
Geo. Smith VS.. j. NJ. Whitman Excep-
tons acknowledgement for plaintiff
Dewey for plaintiff, Snow for defendants.
Inhabitants of Leicester VS. Fitchburg and
Worcester Railroad Go. Exceptions sus-
tanned in part and in part over-rued. Award
accepted and Judgment to he rendered there
for for the defendants without costs, unless a
motion shall be made and granted to re-
| commit the matter for amendment in matter of
costs. Hoar for plaintiff, Wood ( Torrey for
| defendants.
Christopher +. Heath ct al. vs. Milton
| Cooke, SC. Exceptions over-ruled.
| Solomon T. Towne VS.. Ftchburg Mutual
Fire Insurance Co. Judgment on the verdict
for the defendants. The ground of the decis-
ion was, that the failure of the plaintiff to dis
close in his original application for insurance,
in answer to Il direct question, the existence
of a mortgage on the insured premises, rem
ders the policy void, although the mortgage
was paid before the loss was incurred, and al
though al the time of his application plaintiff
had forgotten that the mortgage was in exist
Snce Rice and Nelson for plaintiff, Bacon
and Torrey for defendants.
Joseph 5. Falls VS.. Conway Mutual Fire
Insurance Co. Judgment for the defendants,
on the verdict. In his application for insur-
ance, in answer to the question as to whether
the property was mortgaged, and if so for how
much! Falls answered for $1,000. 1t appear
ed, there was a mortgage on the land ON which
the buildings were, and on the adjoining land,
for Sl400. The court held that his answer,
being incorrect as to the amount Of the insur-
anGe poilc!' IL could not De enforced Wood
1orrey ana Dewey for plaintiff, GriSwold
lor ueiehuant.
horace fark VS.. Lowell Baker Exceptions
sustained, verdict set aside, and new trial
granted
Henry u. stone VS.. William Dickinson.
Judgment ON the verdict. This was suit
ior damages Tor alleged false imprisonment,
commenced at the April term OF the supreme
court, IooZ' Judge Merrck presiding, when
Veralct Tor the plaintiff for $3.50 was rem
uefeu. Exceptions were taken' and the case
went 10 Tue 1ull oehch on question OF law,
| tLe exceptions were sustained, and a new trl-
| al was had at the April term, 1865, Judge
chapman pfesiulhS' "nen verdict was rem
dered Tor defendant Plaintiff this time took
| exception, ana Inc case went up again to the
luil oehch' where the last verdict was sus-
| tanned. Inns ends the case. Dewey for plain
| TN, Nelson ana St0ddard for defendant.
Andrew >. Bartholomew vs.. PrOyoStus Nc
Ministry. Exceptions oyerruled. Foster &
Nelson tor plaintiff, Dewey for defendant.
Joseph NJ. Trask report, VS.. Lowell S.
Wheeler. Tenant has leave to file specitica-
| tons OF non-tenure and to setting forth his
rights under his lease. Upon his filing spe-
clncations Judgment to be entered for tenant.
James w, Stone VS.. VIM. ID. Fenno. De-
murer sustained Bill dismissed with costs