The Providence news. (Providence [R.I.]) 1891-1906, 1894-10-17
HEARD IN COURT.
Business Before Both Appellate and
Common Pleas Divisions.

In the appellate division of the Su-
preme Court today the suit OF Edward
Smith against the Providence Savings
Bank was argued on demurrer to
the plaintiffs bill. This bill asserts
that on April "a, 1898, a man named Dom
nelly made an assignment of land for the
benefit OF his creditors. This land was
subjected TO two mortgages-one OF s3l00
and one of S10O0-both of which
passed into the hands of tho Provi-
dence Savings Bank. This corporation
later advertised the sale of the mortgaged
land. IN order TO stop this sale Donnelly
applied to Smith for 500, and this money
was lent to Donnelly, Smith taking third
mortgage on the land. Afterward when
the savings bank sold the property
it realized Sl150 above the mortgage.
The dill claims that the creditors should
not get the benefit of the entire SLIGO, but
that the savings bank should pay to
Smith the $500 lent to Donnelly inas-
much rs Donnelly represented to Smith
that he had an equity in real estate which
he had not.
Tho demurrer claims that the payment
made by Smith 10 Donnelly is a mere vol
untary payment. Smith bore no such re-
lation to the mortgage or creditors that
he was compelled TO pay such money.
Smith knew the value OF the security.
The case was held for advisement.
In the case OF Herbert Almy, admins
script has been handed down to
the effect that he Providence Art lnsti-
tute, having disclaimed all right TO
take the fund in suit, has no such interests
as are necessary TO entitle II TO file excep-
tions to the masters report. The motion
to dismiss is, therefore, granted. This
opinion gives the Rhode Island School OF
Design a clear title to the so-called Jones
beguest.
la the suit OF .Charles Long VS.. George
Shaw was heard on two motions filed In
two case5 alleging tnat the respondents
have failed to have fair trial inasmuch as
their attorney gave them no notice TO be
present at the time of the trial. Held for
Amusement.
The suit of George E. Webster, execu-
tor, against j. l.. Virgins ct al. briefs
were submitted in regard 20 the construc-
ton of the will. Held for advisement.
In accordance with the petition of
Maria +. .. Perrin and Others a decree
Was entered appointing Willis III. Stokes
trustee under the will OF Anna l.. +.
Stokes.
In the case OF the City Savings Bank
against w. J. Mitchell, administrator, ct
AL, decree was entered modifying a de-
cree made July, 1894.
In the suit of Antonio Camardo against
Everson x Liddls, the defendants petition
for a new trial was denied, and the case
rsmanded TO the common pleas division
Tor Judgment.
Criminal Matters.
In the case OF Henry A. Stafford, in
dicted for carnal knowledge of girl ~
years old, the jury yesterday, after a
deliberation OF three hours, brought in a
verdict OF not guilty and the defendant
was discharged. Joseph Isfield appeared
for the defendant.
Joseph Roiley, indicted for indecent as
sault upon Anne Jane Vaughn, girl IL
years DID, was acquitted by the jury. j.
j. Heffernan appeared for the defendant.
Patrick Fallon, indicted for a similar
offence, was given a jury trial and was
conv cted. Sentence was deferred one
week. X. Il. Lyman appeared for the de-
fendant.
Achille Gusti, charged with breaking
and entering the store of George Del
Papa, in Pawtucket, during the day of
July 10, and the theft of Sl2.75 therefrom,
persisted la his plea of not guilty and a
jury trial followed. q. j. West appears
for the defendant.