Morning journal and courier. [volume] (New Haven [Conn.]) 1848-1894, 1886-11-13
THE COURT RECORD.
Superior COurt-CivtI Side - Judge
BeardsleY.

Superior Court-Civtl Side - Judge
BeardsleY.
At the short calendar day of this court
yesterday but few of the cases down on the
docket were taken up. The case of Edward
L. Kimberly vs.. T. G.. Swan, administrator
of the estate of Mrs. David A. Benjamin,
who died about two years ago, occupied a
considerable time of the court. David A.
Benjamin and his wife, Louisa A. Benjamin,
boarded with Mr.. Kimberly at his place be-
low Waverly Grove from April Is, 1888, to
July 10, 1884. Mrs. Benjamin contracted
with Mr.. Kimberly to pay him $12 per week
for their board. Mr.. Benjamin had no
property and Mrs. Benjamin's was so tied
up that at the time of her death,
which occurred some months after that of
her husband, the board bill was still unpaid.
Mr.. Kimberly brought suit for it through
Talcott H. Russell, and in the declaration Mr..
Russell set forth the claim that Mrs. Benja-
min had contracted for the board for the
''beneft of her family, herself and her es
tate" Attorney Rogers, who appears for
Mr.. Swan in the matter, demurred to this
on the ground that a wife could not contract
which regulates when married
woman can bind herself by
a contract in this State. The statute
says that she can contract obligations
when they are for the benefit of herself, her
family or her estate, but Mr.. Rogers point
was that the husband could not be regarded
as portion of the wifes family, and cited
several cases to support him in his view. Mr..
Russell read several cases which took the OPP
pesits side of the question, and Judge Boards
ley took the papers in the case. His honor's
view of whether a husband can be considered
a portion of his wife's family will be of in
terest.
Benjamin Noyes' application to have Tai
colt 81. Russell render new account of his
entire stewardship as receiver of the defunct
insurance companies, and have an inquiry
made into the recent sale of the Insurance
building, was on the docket of the short cal
endar, but nothing was done about it. Judge
Beardsley had received a letter from Mr..
Noyes in which the latter stated that as Mr..
Russell was in Washington attending the fu-
neral of his brother, he did not think he
would be ready to appear, and he (Noyes)
had not taken the trouble to bring his lawyer
up from New York. He therefore asked
that the case be adjourned until next Fri
day.
The case of Edward L. Kimberly vs. the
Union Printing company for libel was anoth-
er one of the numerous cases on the docket
that were not disturbed. Lynde Harrison,
counsel for the defendant company, could
not arrange matters SO as to be here and the
case went over.
A Judgment to set aside deed as against
Bridget Reddy, part owner of apiece of
property in Derby, was made by Attorney
Williams and granted. The deed was given
by Patrick Welch, Mrs. Reddy's brother, to
secure a loan of 500 given him by Gather
inc T. Hickey.
A divorce was granted to Althea 81. Bah
cock, of this city, from William P. Babcock,
of ,arfa nTzn
March 5, 1876 Cause, desertion. Plaintiffs
name changed to Althea H. Smith.
Court adjourned until next Tuesday morn
ing at 10 o'clock when the case of the Yale
Staple company VS.. Lucius Doolittle, of
Woodbridge, will be further heard, when it
is expected that there will be more inter
esting developments.