The Providence news. (Providence [R.I.]) 1891-1906, 1894-01-11
HEARD N court TODAY.
Easthampton Spinning Co.
Sues for a Bill of $780,.
The ANCIENT FOLLETT CASE.
Bill of Exception TO Referees Report
Argued Before the Appellate Di-
vision-Ask "a Third OF an Estate.
Tomorrow's Docket.


The Easthampton Spinning company
of Easthampton, Mass, began suit for
5000 today against John III. Rowley, OF
the firm of Walter A. Hughes
q Co., of Manton. hughes
g Co. were formerly Joint proprietors OF
job dye house. They dealt exten-
sively with the Easthampton
Spinning Co. through the local
agent. Several consignments OF yarns
and other goods were ordered and paid
for. Later in their intercourse with the
firm goods 10 the amount OF
$500 were ordered on credit.
Before they were paid for, the firm of
Hughes * Co., dissolved partnership and
the spinning people came down upon
Rowley for part OF the amount due them.
for the debts of the old arm.
He claims that he set Hughes up in busi-
ness and took his note for $500 which
has never been paid. w. Il. Angell for
plaintiff, j. Harris for defendant Rowley.
Goes To The Jury.
The case OF Daniel Place vs.. George
White, the 5000 suit for assault, went to
the jury this afternoon. Closing testi-
mony was taken TO prove that Place
is man Of pacific disposition and good
habits.
An Old Case In Court.
A suit OF nine years. standing, involving
damages that the plaintiff sets at $4,000,
was heard on bill of exceptions before
Chief Justice Matteson and
Justices Stiness and Douglas
of the appellate division of the
supreme court. The complainant is Fer
tucket, and the suit is brought
against Frank M. Bates, city treasurer,
TO recover damages TO property and
health, consequent upon the changing
of the grade of South Bend street in that
city. Follett owned a tobacco store
house, the lower part OF which was
filled with goods at the time
grade of the street water that formerly
found legitimate outlet into
q neighboring stream was
backed up into meadow; thence il over
flowed into the warehouse of Follete and
entirely ruined large consignment of
SO 900.
The defendant asks that the
referees finding and report be set aside
for the reason that they are ill-advised
and erroneous and at variance with the
evidence taken at the hear
award of damages made by the referee is
much in excess of that actually asked,
that the amount Of the allowance is un-
supported by the testimony and
is excessive; that the account
presented the referee was made by an
interested third party; that the act COM
planned of occurred more than
the damages were inconsequental. The
court was asked to set aside the report
and findings of the referee. Il. c. Dubois
for plaintiff; j. M. Ripley and T. p. BaTne-
field for defendant.
Wants Share Of the Estate.
Ann Booth OF Warren hrough. suit
in equity against Samuel n. Booth today
before the appellate division of the SUI
rreme court TO recover share in an
estate. The property which con-
sists .of real estate, originally
belonged TO her husband, and upon his
dying intestate it was taken possession OF
by the son, Samuel n Booth.
Mrs. Booth asks that the
court award her one third of the estate.
The respondent demurs on the ground
that a division will ruin the property,
which is Mt present of fair value. 1t con-
sists of two lots.
Settled Out Of Court.
The case of John A. McGarty VS.. Will
liam IL. Arnold was settled out of court
today to the satisfaction of all parties.
Goiuski Released.
Joseph Golusli was not sent to Gran
ston yesterday as at first reported. The
difficulty was settled by mutual agreement
and Golucki was released.
Tomorrow's Docket.
IArpollate Diyision.l
Marquis D. L. Mowry VS.. Wanton M.
Harris. Attorneys-M. j.. J.. Mowry for
plaintiff, Cooke & Angel for defendant.
1868. II. III. |. Goddard et al. VS.. City OF
Tillinghast and Comstock q Gardner
for plaintiff.
common Pleas Divsionl
35. Benedict Fischer vs.. Bernard Me-
CuIla. Attorneys, q. Il. Brown for plain
tiff; III. A. McKenney for defendant.
All. George j. Kirby, app, vs., Provi-
dence Warehouse Co. eys--Bassett
& Mitchell for plaintiff, S. 4. Douglas for
defendant.
8. John T. Blanchard, ir. VS.. Moswcnsi-
cutt Ice Co. Attorneys Page q Owen
for plaintiff, c. NJ. Lee FOR defendant.
GTrJtate Cour.l
Estates of Sarah p. Blake, will for
probate court; Edward Coney, petition
for removal OF executor ard appointment
of administrator o. b. N. G. {. a.; William
III. Cornell, administration account;
Michael Crane, full age, petitioned for
appointment of guardian; Charlotte r.
Dodge, guardians account; Christopher &.
Dodge, administration account; Catherine
Everett, wills for probate; JcsSie NJ. Gar
diner and Fannie S. Gardiner, minors,
Petition for sale Of real estate; Caroline
]. Hawkins, administration account;
Daniel Horton, administration recount;
Mary ID. Jackson, william j. Jackson,
minors, petition for appointment of guar
dian; Patrick lynch, Pct ION fof sale Of
real estate; Peter Mulyey, petition
for appointment Of administrator;
Christopher Potter, will for probate;
Jemima Sprague, administration account;
Francis Il. stead, administration account;
(minors), petition for sale OF real estate;
August Vogel, petition Tor appointment
OF administrator; Walter A. Wailing. adj
mins,ration account; George a. Wcllman,