The Newtown bee., 1894-10-26
Litchfield County News.
WASHINGTON.
THE SHERMAN LAWSUITS.


 Two more lawsuits of the series in which Mir and Mrs Horace ShermansOf | New Preston are involved were disposed of before Judge Guy 0. Ford, last Sat- urday. The more important of the two | was brought by J. & J. Eager, liquor dealers of New York, who petitioned l the court ttat Mrs Helen sherman be declared insolvent and that trustee for her estate be appointed. The claims of J. & J. Eager on which they made their | application was represented by note | which Mrs Sherman and W. E. Seward l gave to Charles H. Futile, in part pay house of Birmingham when they suc- ceeded him as proprietors, last April. This note was transferred by MT Futile to F. M. Lum, travelling salesman for J. S J. Eager, in full payment for liq- ours bought of them. The applicants, through their attorney, Seymour c. Loomis of New Haven, maintained that they could make applications for com pulsory insolvency as regards Mrs Sher- man, since they held this note of hers which they had taken in the course of lawful business without any knowledge of it's having been given in an unlawful transaction. Mrs Sherman through her attorneys, Judge Roarback and F. M. Williams, replied that J. & J. Eager had no legal claim against her and con- sequently could not force her into insol- vency. Her attorneys offered two req sons in support of their position. In the first Flace they maintained that as J. & J. Pagers accredited agent, F. M. Lum, knew that the note was given in part payment for hotel furnishings, etc., large part of which was unlicensed liq- our, they as principals knew it, and con- sequently could not be held an innocent third party in whose hands note void at it's inception would be good, but must be held party cognizant of this transac- | Cion and therefore as much debaryed from profiting by it as Futile to whom the note was first given. In the second place it was affirmed by the defense that even if the court should find J. & J. Eager an innocent third party, still it must deny their right to make such sp- plication on this note, as they, having received it in an illegal transaction with TutJle Git having been taken in payment for liquors sold by them with out the re- quired license), had no legal contract on which to base their application. The court found that this note of Mrs Sher- mans and Stewards was void at it's in- inception, as unlicensed liquor was part of the consideration; that Lum must have known that unlicensed liquor was part of the consideration given for the note; that as Lum was J. & j. Eager's agent, his knowledge was theirs; that therefore they could not be held an inno- cent third party; that such being the fact J. & J. Eager had no legal claim against Mrs Helen Sherman on which to base their application for compulsory in- solvency; and then denied their applica- tion. The other case disposed of was Hinkley vs Sherman, suit for debt. No defense was made and the plaintiff is entitled to what he can obtain from his attachments. The hearing on the appli- cation of William Hoffman asking that Mrs Helen Sherman be declared insolvent and that trustee for her estate be 3D. pointed, was continued before Judge Guy c. Ford, Saturday. To the contentious of the applicant that Mrs Sherman owed him $200 for rent and that he was unable to get it, the lawyers of the defence made no reply but endeavored to show that William Hoffman, being an interven- ing creditor on the application of J. 6 J. Eager, which application had been denied by the court, had no standing before the court and could have none until he hav- ing taken the preliminary steps as direct ed. by the statute should make application on his own behalf as an original appli- cant. The court however gra the application of Hoffman holding that an intervening creditor on an application for compulsory insolvency could prose- cute the case in his own behalf whenever (whether by withdrawal or dismissaD, the application of the original applicant should fail of it's purpose. Mrs Helen R. sherman was declared insolvent and Saturday, November 3, was decided upon as the day on which her creditors should be heard and the trustee for her estate be appointed.
 The case of Hosford S Kinney vs Horace and Helen Sherman which was adjourned, last Saturday, was tried by Judge Ford in New Preston, Tuesday. John F. Addis appeared for the plaintiffs and Horace Sherman for the defendants. It was suit for debt and was won by the plaintiffs. An appeal was taken by the defendants. The case of Charles Hoffman vs Frederick Sherman was ad- journed.
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