Morning journal and courier., 1882-06-08
yontnal aaO Courier.
Thursday Merning. June 8, 1882.
The Court Record.
Supreme Court of Errors

Supreme Court of Errors.
 This court resumed it's session yesterday morning at 10 o'clock.
 The first case argued was that of William Bryan, jr., ct al. vs. the town of Branford. It is motion in error based on the judg- ment of the Superior Court upon the report of committee having in charge the layout of 8 new highway in Branford. The ques- tions are: Whether Albert H. Hill and Charles E. Fowler, of New Haven, are quail fled as experts to estimate the cost of bridge whether bond to construct high, way and bridge for a specified sum can, in the discretion of the court, be admitted as evidence in the rebuttal whether the needs of the road for summer travel including health, rest, recreation and pleasure, are proper subjects to be considered with others in the question of the necessity of highway. Bryan and others think the committee did right in assuming the affirmative of these questions; the town thinks they did wrong. Judge Lynde Harrison argued for Bryan filling and William A. Wright for the town.
 At the foot of the Supreme Court docket and therefore it will not be reached until next week-is the case of the Boston and New York Air Line company vs. o. Vincent Coffin ct als.. of Middletown, 6 reservation which comes from Middlesex county by per mission although 1t was reserved for the
 May term in the First judicial district The action involves a number of tracts of land valued at many thousand dollars and grows out of transactions by the New Haven. Mid dleto VII and Willimantic Railroad company.
 It was brought to the Superior Court at Had dam the third Tuesday of April, 1880. The
 plaintiffs alleged that May 3, 1869 the original company mortgaged all the company's effects to the State to secure issue of bonds not exceeding three millions of dollars that in 1869 David Lyman (now dead) was president and director, and that o. Vincent Coffin was secretary, treasurer and director also that real estate was bought in their names for the benefit of the company; that when Lyman died in 1871 the legal title became vested in Coffin as joint tenant that all moneys paid out by them were refunded by the company and that Coffin had no bene- icial interest in the property, simply holding it in trust for the company that the funds for the purchase of the lands were derived from the sale of bonds and from other sources that May l. 1873, the company de faulted its interest, ands that after the hold CTS of $1 FOG, GOO had demanded payment, the State treasurer foreclosed the road, the deed becoming absolute June 26, 1875; that on July 8, 1875, the plaintiffs received the title of the road in fee simple, which title en- braces the land in question, and that the only thing Mir. Coffin wanted was the protec- tion of competent court before executing conveyances. The lands are in Durham, Middletown, Portland, North Haven and Chatham.
 Luzon B. Morris, of this city, heard the facts as commissioner, and found them in a report dated September 7, 1881, substantially as follows That Coffin (the original de. fendant) is indebted in $50 for fees; that he rendered services as to lands outside the To, cation of the railroad, for which $r5O are due him; otherwise he has no beneficial in- terest in the property. That two deeds were conveyed by the company to Colegrove, and if evidence as to intent was properly admis sible, they intended to convey all the lands now in dispute; that the company owed him the amount he claimed that President Lyman verbally agreed to deliver the lands in question, and that the directors ratified this if the general ratification of Oct. 31, 1871. covered it After August 15, 1871, the company's ac-
 counts were kept in Colegrove's name to pro tect them They were overdrawn on his pledges; he paid the interest on the bonds
 and the laborers out of his own pocket. The plaintiffs used part of the land described in the action for railroad purposes. On part of one parcel stands the freight depot at Mid dletown. Colegrove advanced the funds in his hands as administrator and without au- thority how much could not be found, as he had presented no administration account The plaintiffs amended their complaint March l, 1882, in three particulars claim. ing that if the co defendants obtained any title to the property it was before the mort gage for three millions was executed; that if any defendant but Coffin established title or equity of redemption the plaintiffs claimed foreclosure of the three million mortgage against them that they claimed possession
 of the premises.
 Demurrers to the second and third addi- tions were filtd March 14, 1882, and sus tained. The ground of demurrer was that
 the present company was not entitled to the
 relief sought; and of the second. that on the
 facts set up they were not entitled to relief as prayed for.
 Then the plaintiffs again repaired the dam- age by saying that the value of the foreclosed property was not more than $2, COG, ,OOO.
 while the debt was $3, GOO, ,OOO, and that the defendants were in possession of certain of the parcels. Demurrers to these claims were overruled and the defendants introduced eleven grounds of defense to the amended complaints.
 Judge Hovey made an additional finding of facts, agreeing with the defendants claims. at the February term, 1882, of the Middlesex County Superior Court. The questions of law on these statements were reserved for the Supreme Court.
 Simeon D. Baldwin for plaintiffs Chad wick, Robinson and Warner for the defend ants
 City Court-CriminaI Side-Judse Shell
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