The Providence news. (Providence [R.I.]) 1891-1906, 1895-07-18
WANTS SALE ENIOINED.
Or. Alexander A. Walter Desires Re-
lief From Court.
He Mortgased His Property to John
Wilbur and Is in Troub,e.

hearing was had today before Justice Sti-
ness in the appellate division of the Supreme
Court on petition brought by Dr. Alexan-
der A. Malder for "A preliminary injunction to
restrain Job Wilbur from the sale of certain
property under mortgage on Broadway, be-
longing to the petitioner. The mortgage given
TO Wilbur was the second one placed on the
estate. and while the petitioner claims IL
was 10 be paid pominally at the end OF one
month the mortgagee agreed that N ~ was
not paid IN one month II would bear interest
at the rate of 10 per cent. per annum. DIR.
Walter swore that Wilbur offered TO loan him
900 on tho property in question, but when
the deed was ready would only name $3.50 as
the sum he was willing 10 lend, and deducted
from this $40, which was to be paid back II
the mortgage was paid OF within the month
referred 10. The witness claimed this s75
WAS the interest for six months The wife OF
tho petitioner corroboratcd his testimony.
Mr. Wilbur testified that IL would be prepos-
ferrous TO suppose that a man in his line of
business would loan money on a second NOR
gage for 10 per cent. per annum. He charged
the defendant per cent: a month and the so
taken was the interest OF the sum loaned for
one month. The note signed by DIR. Walter
had not been changed and IL read interest pay
able at the rate OF per cent. per month.
Justice stiness addressed the witness in the
following language: "You say that the note
was only for one month p Yes, replied
the witness. "Ihen,' continued the court,
''why did you put in specification that in
terest should be per cent per month when
you say You had already received the interest
for the month y
This was rather puzzler for Mr.. Wilbur
but he said that that was done in case the doc
tor wanted TO keep on paying interest
Z. l.. kneeland for petitioner; ;. ;. Lapham
for respondent
An order was entered in the case OF the
Warwick & Coventry Water Company
John h. Allen, trustee and executor OF tho
estate of Enos Lapham, deceased, directing
the treasurer OF the complainant TO permit
the respondents TO examine tho records Of
the stockholders and board of directors meet
iugs: and also such other books and papers of
the firm as may be necessary for his defence
in the suit named.
DISTRICT COURT.
The following cases were heard in the civil
division OF the court today: William II. Dra-
per, mortgage broker, brought an action of
trover against Alfred Porior 10 recover 800
or the balance due on certain mort gage
given by one Patrick Mullen on = number OF
articles, including wagon, which had come
into the possession OF Porter, and on this
count was sued. The ease was rather AN in
teresting one, rs Draper claimed the defen-
dant had refused to settle II as he said he was
n pretty good politician in the 10Th Ward and
he guessed George West would fix Things up for
him. lt was shown that Porter was an inno-
cent purchaser and Judge sweetland said
that the plaintiff must follow some of the
other property beside the wagon and all that
could be recovered would be the damage suf-
fered, not the entire amount OF the mortgage.
The plaintiff consented to adjourn the case for
two weeks in order that he might try and dis
cover the remainder OF the property. j. W.
Mathewson for plaintiffs Thomas +. West for
In the case Of John Hamilton vs. Metropoli.
tan Life Insurance Company, Judge sweet
land was OF the opinion that as service Of the
writ had only been made on the agent Of the
defendant and not on the insurance commits
sioner OF the State, the service had not been
properly made; he, however, adjourned the
case for one week in order that the attorneys
might further consider the point.
G. s. Sisson & Go. VS.. j. h. Friburg. Deci-
sion for plaintiff for Ss363
Popo Manufacturing Company W. William
N Kidder. Decision for plaintiff for Sls.6O.
Walter IA. Johnston VS.. William b. Evans.
Decision for plaintiff for $50
Provilgnce Assisting Society W. Citizens
Savings Bank et nj. Final decree entered
dismlssing the bill.
George H. Horton et nj. va Clarence Horton
ct al. Decree entered confirming report Of
the commissioner and also appointing Charles
+. Butterworth To care for the interests OF
the parties not In bcing.