Morning journal and courier., 1885-05-27
THE COURT RECORD.
Superior Court Civil Side - Judge
 ReaPdaley.

Beardsley.
 This court came in yesterday morning at 10 o'clock, when Judge Beardsley handed down the following decisions in previously tried: The of Thomas CuInmins vs the Fair Haven and Westville horse railroad company was the first one given Cummins brought suit to recover $10Ooo damages for injuries received by falling of one of the cars of the horse railroad company on. July 4, 1885, Judge Beardsley found for the plaintiff to re cover S1 and costs. In disposing of the case his honor said: Ut does not seem to that the plains tiff has made out case for damages It appear from the evidence that when he got on the car it was crowded. He took seat on the front platform and rested his feet the steps. If there negligence on the part of the company in allowing the to be crowded. there also negligence his part for getting on that condition. He was thrown of probably in consequence of sudden start made by the horses. table that the accident should have occurred under the circumstances. It was certainly negligence on Cummins' part to seat himself where, by sudden movement such was likely to occur on that day, the passengers standing on the front platform Tn the case of Herbert Todd vs. Hendrick H. Mum son ct al which was heard last winter, the plaintiff asked to have deed set aside because the grantor, Mrs. Todd, was incompetent to make it. The de fense replied, among other things that there twas was property to MT Munson. The plaintiff denied this deed. The evidence showed thereswas such deed Wlau Was iSe given " with a parole trust that Mrs. Munson hold the property in her name, one-han to be hers and one-half Todd's, and that she was to sell it and divide the proceeds. Messrs Arvine and Russell moved to amend the complaint by prayer to have the trust of this deed expressed and executed. Judge Beardsley yesterday morning allowed the motion on payment of costs.
 In the case of Alfred D. Goodyear Milton O. Doottle administrator, ct al., an action to have deed of property Dwight street set aside on the ground that it was conveyed without consideration Judge Beardsley rendered judgment for the re spondent to recover costs.
 Judge Beardsley allowed E. Lincoln Goodaie to recover on the S400 note and the $72 note which were involved in his case against the Porter Stair company. The plaintiff was also allowed to recover the balance of $110 on the accounts between them The other notes amounting to $1 500, were consid- cred by the court to have been satisfied when the stock was transferred.
 Lawyer Arvine- appeared and made motion that George E. Coney, of New York, be made party defendant in the case of Foskett & Bishop vs. Ad- niral Foote post, action to recover $500. Coney claims that the money belonged to hlm Judge Beardsley allowed the motion Judge BeardsIey allowed the demurrer which the defendant brought in the case of Yale Castor com pany vs. H. W. Munson.
 hi the case of Smith & Co. vs. McKeon & Todd, Judge Beardsley rendered decision for the de- fendant This case is remarkable chiefly TOT being before the Supreme court three times The suit was originally brought before Justice Andrews two years ago. Lawyers Pardee and Lfnsley appeared for the plaintiff and Lawyers Townsend md Whiting for thea defendants. It was