Morning journal and courier., 1886-06-04
THE COURT RECORD.
Supreme Court of Errors.


In this court yesterday the case of Ed
gar T. Damon VS.. George w. Denny was
submitted on briefs.
The case of Charles V. Getting VS.. the
New York & New England Railroad COM
pany ct al. was argued. The case is an
amicable one between the common and pre-
ferred stockholders of the company. Some
time ago special statute was passed by the
legislature of this State empowering the di-
rectors of the railroad to issue preferred
stock, and such stock to the amount of ST.,
600, 900 was issued. The act which created
this preferred stock also provided that the
holders thereof should be paid annual inter
est of z per cent. of the net earnings. Last
year the company did a big business, and
there is now $93 900 on hand that the pre-
ferred stockholders want to have paid over
to them in the shape of semi-annual divi-
dend of 81 per cent, but which the com
mon stockholders say should be put into the
capital of the concern, which is and has been
for some time impaired to the extent of sever
al hundred thousand dollars. To decide the
question, Charles V. Getting of Boston join
ed with Frederick Kingsbury of Waterbury
as plaintiffs in friendly suit
The arguments were made yesterday by
Hon. Augustus Brandagee of New London
for the preferred creditors, 81. D. Hyde of
Boston for the company and Simeon E.
Baldwin for the common stockholders. AS
the question has never before been adjudi-
Gated in this State the decision will be await
ed by the members of the legal fraternity
with great interest.
The case of Middlesex Mutual Life Assur
wifi w
continued.
The next case argued was that of Theron
NJ Cooley VS.. B. Gillian ct al; ex-Judge W.
B. Stoddard for plaintiff, ex-Judge L. e.
Munson for defendant. This is de-
fendant's appeal from judgment of the Court
the plaintiff replevied two horses and a
hack, set of harness, two blankets and
whip, which were originally attached by the
defendant as the property of Edward Phil
lips. The court below found and adjudged
that the plaintiff retain possession of the
gray mare, hack, double harness, two blank
cts and whip, taxed at 1870, and defend
ants to have costs for two witnesses taxed at
81. 70, leaving a balance of costs to be re-
covered by plaintiff amounting to $43.2O.
From this judgment the defendant appealed
to this court.
The case of Charles S. Hamilton vs.. George
S. Lanphear, which was decided by Judge
Pickett in the City court recently, and which
involved the question of Mr.. Hamilton's
right to collect certain dividends from Re-
ceiver Talcott H. Russell of the defunct In
surance company of this city, has been sub
mitted on briefs.
The case of George Page against Nathan
P. Merwin, of Woodbridge, was taken up
late in the afternoon and the arguments were
not finished. This is the case in which Page
sued Merwin for So, 900 damages for SANDER,
and the court below gave him judgment for
So 900, from which the defendant appealed.
AlIing and Webb for plaintiff, Case for de-
PENDANT.
The next AID last case on the docket to be
argued is that of Earl A. Smith ct al. vs..
city of Waterbury ct al.
Court adjourned until this morning at III
o'clock.