The daily morning journal and courier. [volume] (New Haven, Conn.) 1894-1907, 1895-11-13
COURT RECORD.

COURT RECORD.
Superior Court-Clvn side-Judge Hall.
In the suit OF Aaron S. Lyon against
the Winchester Repeating Arms COM
pany for $4,000 damages because of an
Injury in the arm caused by a swing
ing saw Judge Hall decided yesterday
that the plaintiffs injury was not caus-
ed by the defendants negligence and
that the plaintiff well knew that he
was in a dangerous employment, He
therefore allowed only nominal damages
of 81 and costs. The case was default
ed before "A jury.
THE BARNES BOUNTY CASE.
In the bounty case of Andrew J.,
Barnes against the town of New Haven
Judge Hall yesterday morning sustain
ed the demurrer filed by Attorney j.,
B. futile, counsel for the plaintiff, to
the third defense set up by the town.
This third defense was a special one.
j. P. Goodhart pleaded that under
common law if claim was not pre-
scented or demand made upon it within
twenty years it became dead. The
bounty claim was thirty-three years
old.
Attorney futile demurred to this
special defense and his position was
sustained by the court.
Mr.. Goodhart will now plead the
statute of limitations as a defense and
the case will go to the supreme court
to determine whether the law is con-
Stitutional or not.
THE WALLINGFORD CASE OF
COE VS.. HALL.
Judge Hall rendered yesterday in the
superior court decision that will be
interesting to real estate men.
Sarah C. e. Coe brought foreclosure
against certain parties in Wallingford
and obtained possession of the mort
gagged premises, but did not foreciose
a minor, who was the real owner of the
premises, through an oversight in
search of title. She afterwards brought
another foreclosure, which is the case
Of Sarah c. E. Coe VS.. S. D. Hall, in
which the Judgment was rendered yes
terday.
This is a judgment upon IA contest.
The defense claimed that Mrs. Coe must
account for the rental value of the prem
Uses. Mrs. Coe claimed that she was
liable only TO the actual rents
and profits received and that from
these were to be deducted ex-
pense for insurance and taxes; also the
cost for the first foreclosure, as these
were expenses in obtaining possession
of the property, and that she should
also be allowed a certain sum for the
care Of the property
Judge Hall sustained Mrs Goes
claims, with the exception Of the claim
for the costs of the first foreclosure, and
$50 was allowed for the care of the prop
erty.
Arvine & Hubbard for Mrs. Sarah c..
f. Coe, and H G. Newton and H. F.
Hall for S. D. Hall.
DEMURRER OVERRULED.
In the suit of Carrie T. Huntington
against S. A. York in which she claims
that the defendant should pay a judg-
ment which she had secured against her
husband, John M. Huntington, and
which the said Huntington had avoided
by transferring all his property, valued
at $4,000, to Mr.. York, Judge Hall yes
terday overruled Judge S. A. York's de-
murrer to the complaint.
In his memorandum of the decision
Judge Hall says: ST think the allega-
tions of the complainant in the case are
sufficient to entitle the plaintiff to a
Judgment for such damages as she
may prove she has sustained by reason
of the alleged fraudulent acts of the de-
PENDANT AS to the right to recover
such damages as she may prove she has
sustained as the only cause of action
set forth, the demurrer to the first, sec
ond, third and fourth prayers for relief
is sustained. The demurrer otherwise
lis overruled.