Morning journal and courier., 1880-05-05
The Court Record
supreme Court of Errors.

Supreme Court of ErrOrS. The Supreme Court of Errors began it's sessions of the May term the First Judicial District in the prerne Court room the Capitol at Hartford, at 10 o'clock yesterday morning. Chief Justice Park pre- sided. All the associate judges Carpenter, Pardee, Loomis and Granger were present: The first case argued vas that on the docket num- bered from Middesex county, Hatch Foote v5 John Douglas. The counsel for plaintiffs, Daniel D. Batch and Charles B. Foote, of New York, brok- ers Professor Simeon E. Baldwin, of New Haven and Arthur ". Bacon, of Mtddletown. Counsel for the defendant, who Is resident Of Middletown, are the Hon. 8. L. Warn": and s. A. Robinson of Middle town. The action WAS first brought at the 1873 De- cember term of the Superior Court in Middesex county. The plaintiffs then claimed that the defend ant indebted to them in the of $5, ,OG0 for money before that time had and received of thern and for money that they had laid out and expended for the defendant at bis special and request etc. The l account rendered shows au indebtedness on the part of the defendant for hundred shares of the Union Pacific Railroad, 200 shares of the Chicago and Northwestern Railroad, 1o0 shares of Erie Railway stock, cheeks drawn to crder for various sums and interest, to total amount of $2s, ,71ss5 Against this offset credit Of $2I 24581 leaving balance due of $2 47304. The defendant denied the truth of plaintifs declara- ton the matter thereIn contained and put himself on the court for trial In February 1879, the Hon.
 James Phelps, committee of the court found the defendant indebted to the plaintiffs for $260246, added $9O 20 fees and expenses At the September term, 1979 the defendant demonstrated against the acceptance of the report and asked that might be aside claiming that the contracts and declarations set forth in the bill of particulars usurious and abso Iutely void under and by virtue the laws of the State of New York; that the contract called for pound interest, which by the law of New York cannot be recovered and interest recoverable whereas the committee allowed and computed interest that plaintiffs filed amended bill of particulars after de- fendants counsel had closed their argument wsiving compound interest and demanding ' per cent only , and that the committee allowed against the defendants objection evidence to show the meaning ot ths words 'fon margin" in letter written by the defendant the 23d of June 1873, etc. Within twentyfour hours of final judgment in the superior court, which WAS plaintiff to $2 954 costs of s23s8S $19lss in a the defendant appealed his case to the Supreme Court.
 The other Middlesex case, William E. Jones, ad- Ininistrator, Henry M Henry Is not to be heard st this term of the court will of the Hart ford county cases that the docket be heard those of D. H. Houghtang & Co.'s appeal from pro- bate, Mary Myers vs. Patrick Dunne, George Unwine vs. Agricultural Insurance Company Security Con- pany vs. Trustees of John Grou, deceased ct al AL bert Brown the Town of Plymouth, Charles s. Daniels the Equitable Fire Insurance Company, and ths appeal from probate of William K Jones' ct al The latter is 10 be submitted the briefs, without argument.
 The case of Henry Hamlin ys. the seate of Connec- ticut is left at the end of the docket of be argueG. It will not be tried before to-day or next day.
 Superior Court Civil Side Judge
 HOvey.
 This court came in yesterday morning at o o'clock
 At the opening of the court Judge Hovey nounced his decision in the breach of premise of Gertrude Rin of saybrook, against Samuel Harri- son, of North Branford. The judge stated that he should find for the plaintiff to $l,60O and costs. The suit was for Sl0,OOO damages The usual ten days in which to file motion for trial asked for and granted. Neither of the parties to the suit were in court when the award was made.
 The following decision was also rendered: In the case of the Townsend Savings Bank vs. Mile A. Todd and wife, action of ejectment, which tried year ago last fal decision reserved for the su- preme Court. That court advised for the plaintiffs, Alfred and Theron Todd, against the defendants. The defendants claimed that costs should be allowed against the bank. The court did not allow these how eFer and decided accordance with the advice of the Supreme Court, for the plaintiffs, Alfred and Theron Todd to recover tho property in dispute and $t20 damages and costs.
 The case of Treat vs. Smith was then taken up. The evidence WAS finished and the arguments made in the afternoon.
 At the bar meeting in the afternoon the following assignments were made:
 Wednes sday, May 5-Hal vs Meriden, special; Jones vs. Spencer; Judd Moves; Allen New Haven and Northampton Railroad Company; Johnson Parme- lee.
 Thuruday, May 6-Townsend Savings Bank vs. Marble, special nlsi.
 Friday, May 7-stAte vs. Shelton; Gallagher vs Dodge; Russell vs. Lyon.
 Monday, May 10-AIiles vs. Treat & Clark.
 Tuesday, May 11-O' Brten vs. N. H. and Derby R. R. Co.,, nisi New Haven,- nisi; Beach vs Beach; Davis vs. Woodruff, nisi
 Wednesday, May 12-Russell vs. Darlington.
 Wednesday, May 13-Ishelps appeal, nisi.
 Monday, May 17-Wheeler vs. Drafts, special.
 Court adjourned until this morning at 10 o'clock. Court Os Common Pleas-Judge RarrI-
 This court in yesterday morning at 10 o'clock. The assigned furnished no business and court adjourned until this morning at 10 o'clock.
 In this cosrt yesterday arguments were heard in the of Murphy Smith, tried last term. It was action of trover to for the value of horse A decision was rendered iu favor of the defendant City COurt-Criminal Side-Judge Par
 dees Murton Painter attempt at rape over to the July term same fornication, nolle prosequt Maria Jones, fornication nolle prosequi Sarah H. Higgins breach of peace, noue prosequi; Peter Sullivan, cleaning privy vault without permit, s1C0 fine and 40 costs tappealed) John Mullen and James Far reI, breach of peace, judgment suspended James Farrell resisting ocer $i0 fine and 20 costs stel- 2jch fo TrTojts suici {o