The Providence news. (Providence [R.I.]) 1891-1906, 1896-07-06
1t Is Nearly Vacation Time
for Supreme Court.
Hardly Enough Business to
Keep the Deputies Awake.
Some Interesting Pointers AS TO
What Constitutes Deceit.

Today is the beginning OF the fag end
of the term in the Supreme Court and
there is hardly enough going on to keep
the deputy sheriffs doing court duty
awake.
The most interesting case scheduled
for todey before Judge Rogers in the
common pleas division was passed. II
was the suit OF Stephen Wright against
the City of Woonsocket. Stephen Wright
is a man well known in the Northern
part OF the State, who has had for years
a mania for buying land. He is inter
es;ed in lime kilns and secures wood
land wherever he can for the sake OF US
ing the tim Der for fuel in his kilns.
One of his lots was condemned TO make
room for the plant OF the Noonsocket
Water Works and the commissioner of
award didn't set the price high enough
TO suit MIR. Wright. Hence he has gone
are J. Il. Goldsworthy and Bassett and
Mitchell. City Solicitor Walter l. Ballou
is counsel for the defence.
INSURANCE COMPANY WINS
In the civil division of the Sixth Dis
trict Court this forenoon Judge Sweet
land heard the case OF Joseph B. Mullen
against the Metropolitan Life Insurance
Company. The suit was TO secure 1851
elleeed 10 be due on a life policy for
$1,000 taken out in 1892 by Bernard
Mullen, father of the plaintiff. Upon the
death of Bernard the company paid the
heirs s743, claiming that according to the
report OF the actuary that was the full
amount due on the policy tecause OF
discrepancy discovered in the age statis-
tics of the holder. A: A: Mclaughlin
represented the plaintiff and A. j. Cush"
ing was attorney for the defendant. The
verdict was for the insurance company.
THE vrTAscoPE ~ COURT.
Thomas j. Barry, who is associated
with Erwin Hopkins and bra ham White
IN the business of exhibiting the vita
scope, was represented in the Supreme
Court this morning by McGuinness and
Doran, who asked for an injunction re-
straining Albert Caswell from setting up
n similar institution at Crescent Park.
The PLAINTIFFS claim that thev nave an
exclusive right III the business for Rhode
Island e"f IT in spite of that Caswell
propose5 a. EXHIBIT the vitascope,
kine.oscole ani graphaphone at Crescent
Para.
Mr.. Caswell, who was represented by
Attorney Thomas Canning, says that he
is under contract with Mr.. BoydeD.
An injunction was granted by Judge
Tillinghast until next saturday.
A CASE OF DECEIT.
In the appellate division today Judge
Tilingh hast handed down a rescript in
the case of G.. Il. Il Z. [. Swift against
Arthur Rounds. 1t is alleged by the
plaintiffs that Rounds obtained goods
from them for which he never intendei
TO pay and they charged him with deceit
IN their declaration. The defendant de-
INJURED from this declaration. claiming
that there was nothing to show that It
was a case of deceit according to the
legal point of view.
Judge 1illinghast has overruled the de-
mmurrer and ordered the case back to
the common pleas division for further
proceedings. 1t is explained in the re-
script that to take goods on credit is in
itself an implied promise to Pay for them.
Furthermore, deceit may consist OF n
false impression Intentionally given by a
look os we'll as by written or oral state
ments.
In the cass OF Amos ID. Palmer VS..
Alphonse Deslauriers a decree was entered
today overriding the respondents de-
murrer to the complainats bill and order
ing respondent TO answer within 80 days;
also decree restraining the Deslauriers
dispute until SO ordered by the court.
The case OF Kate Il. Revet VS., Victor
j. Ruwet, in which the plaintiff asks for
an allowance was heard and held for ad-
visement.
The old trouble between William M.
Bailey ct al. and Il. A. Chase " Go. was
dragged out again today, and after a
hearing of he old argument Judge Till
inghast held for an adyisement the ques-
tion OF granting the injunction asked for.
In the common pleas division this after
noon the Pawtucket land case between
McCusker and Mitchell, which started
late Friday. is still on trial before Judge
Wilbur, and Judge Rogers is hearing the
case OF William A.. Hoel and his wife,
Emma, against Orrin q. smart 10 recover
500 on a note.