Morning journal and courier., 1892-09-24
THE COURT RECORD.
Superior Court - Civil Side JUDI
havor.

OuRoIAOE OOuIt VIVA SAAO - sAW6O
Thayer.
Just prior to the first short calendar session OF
this court since June yesterday meeting of the
New Haven county bar was held and the follow
ing officers reelected for the ensuing year, Pres
ident, John W. Alling; vice president, Henry
Stoddard.
One case was then assigned for trial. that of
Preston w. Housatonic railroad, for Thursday.
Notice was given that the case of Goldsmith &
Co. Va. the New York and New England railroad
was not to be tried in this county, but the issues
at stake were to be decided in similar suit In
Hartford. The suit is an injunction against the
railroad to prevent it from Issuing new bonds
and increasing its Indebtedness.
Alice c. Cassidy's appeal from probate was or
dered transferred from the Waterbury docket to
the New Haven docket.
Motion for final judgment and a winding up Of
the affairs Of the fnsolvent Birmingham and An
wood, the receiver, il discharged from the Gus
tody OF the concern. The company has been In
the hands OF a receiver since 1872 when the
Farmers Loan and Trust company brought
good deal Of litigation in the affairs Of the con
Germ owing to claim of 81, 600 put in against 1t
by the borough Of Ansonia The road has been zen
$4,000. The total dividends declared to the
stockholders Of the insolvent concern were ~
per cent.
Motion for default in the suit of Abram Heber
or ys. Adolph Woolner, jr, was delayed one
The suit of Koehler vs.. Hermann, in which
$16,5OO is involved, came up on a motion for
disclosure Of defense and was put over for one
week.
The mandamus suit of the New York and New
England railroad against the Asylum street
bridge commission demanding hearing on Ger.
of the Asylum and Church street grade crossings
in Hartford, which claims the bridge commission
have refused to allow, came up before the court
a motion by the defendant to quash the writ
of mandamus 1t was argued by Hon. Henry 9.
ford Council for the Commission and Attorney
Simeon E. Baldwin, attorney for the railroad
Decision reserved.
City Court - Criminal Side - Judge
Studley.
| John Woolsey, theft from Catherine Clancy,
discharged; Joseph Boenig and William Rebel,
charged; Patrick Mckee and George McKee, 80
days in Jail, So 10 costs; JOHN Doheney, breach
the aaR1st Mary 40 dayg
of wife, continued to September ~; Mariana Ba-
rome, reform school complaint, continued to De-
cembe5 % nsi; John H Murray and John Tyler,
| TENDER %.
| Court Notes.
| VERDICT FOR THE PLAINTIFFS.
| The suit brought by Phillips & Son, the sign
painters, to recover bill of $40 from G. ". Lane
| of West Haven, was tried before Justice Pardee
| in West Haven yesterday. The plaintiffs were
represented by Attorney G. W. Adams and the
defendant by J. H. Whiting. Judgment was rem
dered for the plaintiffs to recover the full
amount of the claim and costs.
| STILL IN THE RECEIVERS HANDS.
Yesterday Talcott q. Russell, receiver Of thu
American National Life Insurance company ant
the American Mutual Life Insurance company
the old Ben Noyes companies, which have bee1
insolvent since 1879. appeared before Judg
Thayer in the superior court and stated that al
the assets Of the companies had been converted
| into cash some years ago and had been distrit
| uted under order Of the court except a sma
| expenses Of administration and for the litigatio
| in New York This litigation was all there wa
| remaining OF the estate. 1t was an action tina
| was brought against q man named Post to recoN
| er a large amount-several hundred thousan
dollars-on account Of transactions in connectio
, with the abstraction of large amount of asset
| of the companies.
The case was tried in the United States coul
| in 1886, and the judge ruled against the plaintiff
| An appeal was then taken to the United State
3 supreme court, and after five years it reached
hearing in June, 1891. The supreme court foun
| errors and ordered q new trial, as was fully r
. | ported at the time. Pending that appeal the d.
| PENDANT died. and question arose as to the su
q vival of the action, which settled in favor
the plaintiff.
1t is expected that the new trial will be held
= | New York this fall. and when that is over tt
| affairs of these insurance companies will
wound up.
The court accepted Mr.. Russell's statement