The Providence news. (Providence [R.I.]) 1891-1906, 1894-12-10
HEARD IN court.
The AIIen-ArnoId Dispute Argued Be-
fore the Appellate Judges.

The petition OF the Warwick and
Coventry Water Company against john
B. Allen, executor OF the will OF the late
Enos Iapham OF Warwick. for writ OF
mandamus compelling defendant TO sur
render the books OF the plaintiff corpora
tion, was brought up before the appellate
division this morning. Arnold Greene
appeared for the defendant ana
said that before he could answer such
petition access must be had to the record
book of the board of directors. Mr..
Greene said that a suit was now pending
in behalf OF the Lapham estate to recover
$50 900 for interest due on bonds issued by
the Water Company He then continued
to recite the condition OF affairs in the
dispute, saying that Enos Lapham
had paid In $4,000 for the
construction of the waterworks during
bonds issued by the company to the ex-
tent of $780, 900, giving Arnold $4,000 OF
bonds for professional services. Arnold,
who was president of the concern before
Lapham's death, had never paid cent OF
money into the company. After lap
hams decease he had brought forward
records to show that he owned 500 shares
out of 1000 shares OF capital stock and had
reduced the board OF directors from seven
TO two members, one OF whom was his
tool. He had further elected himself
president, and, illegally, secretary OF the
company. Mr.. Arnold, in reply,
said that most of the statements
that 1t was necessary for the company TO
get possession of the books held by Mr..
Allen in order TO properly conduct their
business. He denied that he had withheld
the record books OF the company and
said that they were open to inspec-
tion at any time. The court decided that
the production of this record book could
not be material TO the defendants in aid
ing them to reply TO the petition for
mandamus, as Mr.. Arnold's title to his
office as secretary of the corporation could
not be tried in such manner. writ OF
alternating mandamus was ordered 10
issue, returnable next Thursday at 10 a. m.
The case OF Gardner 5. Barber VS.. John
c. James, was heard on the defendants
appeal from the finding OF a special jury
mpaneled TO assess damages In the ac-
tion. The cause for originally bringing
the suit was the flooding of the plaintiffs 8
cranberry bog and meadow land through
the raising OF the height OF a
dam owned by the defendant who ran a
grist mill on the banks OF the Queen river
in Washington County. The plaintins
land bordered on this river and the prop
erty was asserted to be very valuable farm-
ing land. The litigation parties lived In
the village OF Usquebaugh which place Mr..
Brennan characterized as the spot whe
his long sleep. Mr.. Brennan asserted
that the jury which awarded the plaintiff
$3.50 was not properly impaneled accord
ing to the statute, and that the verdict
"for running a mill on an unknown river
in Usquebaugh, four miles from no.
where" was excessive. ). w: X. Allen
argued the case for the plaintiff.
Bernard j. Padien was removed as as
signee of Thomas Winters on petition OF
Brownell, Field & Co., creditors. The
cause alleged on removal was the failure
of Padien to file bond and the general
Indifference manifested by the assignee
The matter of appointing new assignee
was continued.
Common Pleas Court.
In the common pleas court today, be-
fore Mr.. Justice Wilbur, the case of the
Lymansville Company VS.. Walter Neiber
was heard. The suit was to recover
1885 for rent. Verdict was rendered for
plaintiff for amount claimed.
Also before Judge Wilbur was began
the suit of John McQuiggan against the
Pswtucket street railway. This il an ac-
tion to recover $500 for injuries sustained
by the plaintiff through alleged neglect OF
the defendant corporation. The accident
occurred in December 1893. The plaintiff
testified that while he was attempting to
get off a car of the defendant campany he
was thrown to the ground and injured by
the driver starting tae car. still pend
ing.
District Court.
The following civil matters were heard
today:
George p. Lewis vs.. w. G. Swinburne,
ection for S125 on promlssory note. De-
cision for defendant for costs.
Edmund Carpenter VS.. Stillman Saun-
ders. Action on note for Sl50.33 Judg-
ment for plaintiff for amount claimed.
Metropolis Manufacturing Co., vs.. Il. G..
Cleveland. Decision for plaintiff for $3.50
and costs.
James Smith vs.. Frank l.. Wyman. De-
cision for plaintiff for possession; 10 cents
damages and costs.
Francis l.. Bucher va. Henry Karpes.
Decision for plaintiff for possession and
costs.