The Providence news. (Providence [R.I.]) 1891-1906, 1894-01-31
HEARD IN COURT today.
Liquor Dealer and His Driver
Go to Court for $104.
PROGRESS IN STUART WILL CASE.
Isaac Hahn Asks foriNew Trial The
Court Locates a Fund-Other Notes
OF Intcrcst--Tbe Docket for Tomor-
row.

Michele Lubrano began suit today
against George kulz before Judge Wilbur
to recover the sum OF s10f claimed to be
due him. Lubrano was formerly employed
by the firm OF Keiths a. Kulz, liquor deal
ers, as driver OF q beer delivery wagon.
Lubrano has a brother-in-law i'm Italy
who deals in liquors and the
firm ordered 10 casks OF wine
from him through Lubrano. When
the wine arrived at New York the con-
signeos could not pay the duties. Finally
the difficulty was patched up by the Gus
tom House officers agreeing
to send the Wine TO Provi-
dence, the duty to be collected
before delivering. Just Mt this point the
firm of Keiths IL kulz dissolved and Kulz
assumed control. Not having the money
TO pay the duty he borrowed $50 from
Lubrano and released two casks OF the
wine.
Lubrano contends that Kulz refuses to
pay the money and also owes him ga for
services as driver. The defense is a gene
raj denial of the claim.
A Compromise.
The jury in the Stuart will case was sent
into seclusion today while the lawyers
fought among themselves as to the adj
mission of certain evidence of Ellen
Smith, the residuary legatee. The point
was raised as to whether the
admission would affect all the
legacies. 1t was finally agreed between
the attorneys that the case should go
to the jury on the devise to Mrs. Smith
alone.
A New Trial Moved.
new trial was today asked by the de-
PENDANTS in the case OF Isaac Hahn VS..
Billings Bros. In their brief
the defendants set forth that
the evidence did not support
the verdict OF the lower court. The case
was heard at the September term of the
common pleas court before Judge Rogers,
and the jury awarded the plaintiffs 1896. 12,
portion OF one Of the plaintiffs claim.
The first hearing on the case was in 1888.
The plaintiff then set forth that he occu-
pied a building belonging to the de-
fendant, and the latter wished to
make some repairs that the plaintiff con-
sidered would injure the machinery he
had in the building. Upon the defendant
promising to pay damages he permitted
the repairs to be made. The damages on
this count were set at 1891.
Later two more counts were filed, one
for the building of an air shaft through
the plaintiffs premises, the damage OF
which was set at s49), and the other for
repairs for which damages i'm the sum OF
S140i are claimed.
Who Owns the Fund.
In the case of the Savings Bank OF New
port VS.. John Frank Hayes, ct al. in which
the bank asked the opinion of the court
as to who owned a certain deposit OF
$500. The court has decided that
the fund in question belongs to the ad-
ministrator of the estate of Deborah j.
Dunn. The estate formerly belonged to
Edward Hayes.
Docket for February 4.
lAppellate Division.l
No cases assigned.
common Pleas Division.l
236. Joseph p. Manton app. VS.. John B.
Goodwin. Attorneys-C. Il. Champlin
for plaintiff, +. s. Arnold for defendant.
666. Alfred w. Quigg VS.. William f.
Coffey, app. Attorneys-Tanner & Cannon
for plaintiff, G. A. Aldrich for defendant.
323. Congregational Sons of Zion VS.. F..
Il. Carpenter. Attorneys. w. Hogan
for plaintiff, j. M. Brennan for defendant.