The Providence news. (Providence [R.I.]) 1891-1906, 1896-07-18
MOrtgagOrS Asked for In
functions Today. I.
Business Transactions Care
fully Explained.
Decisions Given in Newport Cases.
An Allowance Granted.

Before Mr.. Justice. Tillinghast In the
Appellate Court this morning was heard
the motion of the complainant In the
case of George j. Collins against Arnold,
Miller & Co.. for an injunction restrain
ing the defendant from foreclosIng q cer-
tain mortgage on real estate.
The complainant has filed a bill IN
equity for the cancellation OF a mortgage
given to secure the payment..of note for
s950S given in March, 1895 which IL Is
claimed has been paid. A preliminary
injunction was granted the other day
and when- tho testimony In behalf of
the complainant was all In this m orning
Simon 3. Lapbam who represented the
respondent, stated to the court that he
would consent to the preliminary injunc-
tion remaining IN force until full hear
ing was had in the bill of complaint.
HUSBAND MUST PAY ALLOWANCE.
A hearing was had today on motion
for an allowance In the divorce mat
ter.of Dora Il. Lovejoy against her bus-
band, Almon X. Lovejoy, who Is
motorman on the electric cars. Mrs.
Low ejoy seeks an absolute divorce from
her husabnd and the case will be heard
next october. A few days ago Albert
X. Greene. counsel for the petitioner,
had the court issue an order restraining
the respondent from selling a horse and
carriage that he owned. 1t was alleged
today that Mr.. Lovejoy had a great deal
OF money in hank. He told another
story on the witness stand and claimed
to be heavily in debt and also stated
that he had paid out great deal Of
money during his marriage because his
wife had been frequently sick.
Mrs. Lovejoy, ! is aommitted by both
sides, is at present in poor health and
living with her parents, and her at
torney today wanted her husband direct
ed TO pay her az week. Mr.. Greene in
timated when ID. s. Baker stated that all
Mr.. LoveJoy mad was his wages to depend
on. Something about expensive opera
tion counsel. This drew smile from
Mr.. Baker, and Judge Tillinghast said
that a man should not be punished for
hiring "A good lawyer.
An allowance Of IS a week was granted
Mrs. Lovejoy and the respondent was
ordered to pay S35 for counsel and wit
ness fees before Oct. 10.
NEW TRIAL DENIED.
In all opinion written by Mr.. Justice
Stiness filed today the court decides that
the Protective Mutual Fire Insurance
Company is not entitled to a new trial
in the three cases brought against il by
furniture in his dwelling house on
Willard avenue, for s400, his dwelling
house for $500 and goods in his store for
900, with the company named in March
and June 1895, and the property named
was damaged by fire on August 10 of the
same year.
A Jury in the common pleas division of
the Supreme court gave verdict for
Massell for 5000 on the three policies.
The Protective Mutual Fire Company is
at present insolvent and has gone out of
business.
A bill in equity has been fled in the
appellste court by Robert Linton and
his wife Elizabeth Linton to restain
Henry u. Cooper from proceeding under
a mortgage which was transferred to him
by Mary f.. Cooper. The amount of the
mortgage note was $4,000 and the property
on which its payment was secured con-
-'sts of a mill and mill machinery in
r Plwtucket. NJ. Linton claims that all but
1900 of the note'has been paid.
The case of John Il. Nothup VS.. John
c. Comfy has been discontinued and
decree allowing the defendants costs
has been entered.
A decree was entered In the case OF An
dew j. Smith VS.. Joseph B. Knowles dis
solving an injunction peviously issued in
the case.