The Providence news. (Providence [R.I.]) 1891-1906, 1894-01-12
John 7. Blanchard Sues Mos
wansicutt Ice Company.
he CLAIMS A DEBT OF sss.es.
Defendant Refers Him TO His Father
Place Gets $1-Several Cases I'm
Appellate Division Tomorrow's
Docket.

A. Hughes q Co. was con-
tinued before Judge Rogers
today. The strong point that the plain
tiffs have endeavored to score all along Is
the fact alleged by them that although
the firm of Walter A. Hughes a. Co. dis
solved and Rowley retired, no notice was
sent to them and they continued to deal
with what they supposed was the old frm
and that Rowley, who was cognizant OF
the fact that no notice had been
sent to the Easthampton Spinning COM
pany is liable for his share OF the bill,
which amounts to $500. Closing argu-
ments were made by counsel this after
noun.
The Defendant the Plaintiff.
John B. Blanchard of Scituate, q
young man just turned 21, brought a
peculiar suit today against the Moswan-
sicutt Ice company, to recover sSo.65,
the amount he claims to be
due him for eight weeks service as
driver of an ice wagon, less 81 previously
paid. Blanchard's father, John Blanch-
ard, ST., is a member OF the ice company.
The firm consists of three members.
Originally young Blanchard brought suit
against the company in the sixth
district court for $3.50 claimed to
be due him for driving and
general roustabout duties around
the ice house. Not being of age when the
larger part of the money was earned he
concluded to drop that part of the suit and
began proceedings in the higher
court for the amount earned
since last March, at which time
he obtained his majority. The firm
refused to pay the bill when it was pre-
sented and state unqualifiedly that
Blanchard, jr., never worked for them as
. business corporation, but for his father,
who, although member Of the firm, did
not hire him on the firms account,
but merely exacted from him the service
due a minor to his father. Blanch-
ard. ST., who is really defen-
dant as a member of the firm,
appeared in court and testified in his sons
behalf that the firm hired the boy
to work for so q week. The other
members of the firm deny that they hired
young Blanchard, and testified that the
boy always regarded himself as working
for his father. Page & Owen for plaintiff,
C.M. Lee for defendant.
2 sls One Dollar For The Plaintiff.
nsThe jury in the long -drawn-out assault
suit of Daniel Place vs.. George White yes
terday vindicated the plaintiffs cause by
awarding him a verdict for u.
The Ancient Mowry Case.
Marquis ID. l.. Mowry obtained another
hearing in the appellate court today on
the ancient administration case Of
Van Buren Mowry's estate. Van
Buren, Mowry died March 20, 1890, and
Daniel Latham was appointed admins
traitor. M. ID. l.. Mowry ap-
pealed, and the decree appointing
Latham was reversed and Mr.. Mowry
appointed in his place. There was diff
Guilty about promissory note,
dated April 8, 1886, payable on demand
to Van Buren, Mowry. Mr.. Mowry, the
complainant, alleges that the statute limi-
tations began to run from the time OF
LAtham's appointment, that it was sus-
pended during the appeal and that Latham
was never rightfully appointed admins
traitor.
Exceptions Sustained.
In the suit OF Thomas j. Kelly vs..
James j. Ryder, the supreme court today
rules as follows on the bill OF exceptions:
The ruler OF equity pleading require
that an answer should confess
and avoid or expressly deny the allie
CATION OF the bill. The answer
OF the respondents, James J. Ryder
and Catherine Z. Ryder does
not In the particulars except
to comply with this requirement. Instead
of expressly denying the allegations OF
the bill it sets up matters OF defense
tok ka Al Of be,
by implication only. From
cally impossible to determine what are the
ceptions are sustained.
New Trial Denied.
In the suit OF Henry Miller VS.. Joseph
II. Munroe, in which a petition for
. new trial was presented, the
petition was ruled on today.
The court finds no error in the rules
of the court below. The paper
which was admitted to the court,
the admission of which Is complained OF
was made at the same time as the bill
of sale under which the plaintiff
denies title to the property sued for; it
was part Of the same transaction and
tended to show the purpose of the deceased
in executing the bill OF sale to the plain
tin. Testimony was offered
to the effect that IL had
passed into the possession OF the
plaintiff, so that II was impossible for the
defendant to produce IL. Secondary
evidence as to its contents was
therefore admissible. The court is OF the
opinion that the evidence Is sufficient
10 sustain the finding OF the
jury. The plaintiffs petition
for a new trial was denied and dismissed
with costs, and the case remi,ted TO the
common pleas division, with direction TO
enter judgment on the verdict.
Springfield Road Bond Case Postponed
The hearing on the temporary injunc-
tion granted by tile court In the case Of
Robert III. i. Goddard Va. City OF
Providence TO prevent the endorsement
Of the Providsncc md Springfield
railroad bonds by the city
was to have been heard today,
bat was postponed Monday 10 suit the