The Providence news. (Providence [R.I.]) 1891-1906, 1895-10-28
The Waterhouse Claim to Be
Decided by a Jury.
Cases Heard in the Appellate Division
of The Court.
Trial of Moran VIII Case Nearly
Ended-District Court Cases.

The petition OF the Blackstone woolen
Company for an injunction TO restrain
Richard Waterhouse from proceeding in
a suit at law against il TO recover money
alleged TO be due has been denied, in
the rescript filed in the clerks office of
the appellate division.
Mr.. Justice Tillinghast, after state
meDt of the principal parts of complain
ants bill, says: $50 far as the account
stated is concerned see no reason why
the complainants cannot fully avail them
selves Of the Silence which their bill dis
closes, in the trial of said action at law.
1t is incumbent on the plaintif in that
action TO prove that the account sued Tor
is an account stated within the proper
legal sense OF that term. And il he fails
to do so, his action, in so far as IL is based
thereon, must fail" Continuing, his hon
or says the plaintiff must also prove In
the money accounts that the defendants
are Justly indebted to him, and IL this
part OF his claim rests upon his share of
the profits OF the business, of course 1t
will devolve upon him to prove what
those profits have been. And II certainly
is not to be presumed that the defendants
in that action have any less knowledge OF
the state OF their business with regard to
the profits and losses thereof than the
plaintiff, who was their employe. And
with the burden resting on him to make
out his case il is not apparent how they
can be harmed by allowing him to pro-
ceed Herewith.
~ am OF the opinion, therefore, that
the complainants have not made out q
case which entities them to an injunc-
tion, and the same is denied"
The following cases were heard in the
appellate division OF the Supreme Court
today:
George III. Horton, ct al, Va. Clarence
T.. Horton, eft al Decree entered con-
firming report of Commissioners previously
appointed 10 make sale of real estate, par
tition whereof is sought in this cause: also
directing clerk of this division to deposit
s2ig2. %, paid into the registry of this
court in the Rhode Island Easpital Trust
Company the income of such deposit to
be paid in, six parts to the complainants,
George N. Horton, Willis Il. Horton, An
ma +. Wescott, Marietta Field and Car
rie Il. Horton until further order OF the
court.
William b. Beach vs. George n. Bul.
lock, ct al Bill OF complaint dismissed
without costs. Arnold Green for com
p!ainant aud =. w. X. Allen and Z. Frank
Parkhurst for defendant.
National Exchange Bank VS.. william
A. Walton. Heard and decree to be en-
tered. Arnold Green for complainant; S
w X. Allen and ID. Il. Potter for defend
ant.
William Douglass VS.. Central Real Es
tate Company. Defendants petition fol
new trial dismissed. J. w. Mathewsor
for plaintiff; Bsssett a Mitchell for de
| fendant.
COMMON PLEAS DIVISION.
Louis Brown, indicted by the grant
| Jury I'm June last for breaking and enter
| ing a greenhouse and stealing therefrom
came into court today TO plead to the in
| dictment He pleaded not guilty and gave
surety in the sum OF $1,000.
The closing arguments in the Morar
| contested will case were begun before
| Judge Rogers late this forenoon, II. >
Hopkins making the address to the jury
In behalf OF the appellants and Irving
| Champiin closing for the executor.
BUT FEW TRIALS
| The following cases were on the civi
| docket OF the District Court today an6
were disposed OF by Judge Reuckert;
1 Blgelow & Dowse Company vs.. Thonf