The Providence news. (Providence [R.I.]) 1891-1906, 1896-01-18

WANT RECEIVER
Charges Of Fraud Made
Against a Brother.
Respondents Enjoined From
Prosecuting Suits Begun.
Verdict Against ContractOr--Decrees
Entered in Appellate Division.

case OF unusual interest was heard by
Mr.. Justice Tillinghast IN the appellate
division OF the Supreme Court this morn
ing. The parties interested were Thomas
w. Lynd who brought the case, by his
next friend, against his brother Peter,
Lynd, who for some time has been the
guardian of the complainant. The
municipal court of this city removed Peter
from his guardianship in December last,
but he took an appeal, which is low
pending.
The hearing today was for the continu-
ing OF a temporary injunction granted By
Mr.. Justice stiness few days ego, re-
straining the respondent from carrying
on business for bis brother and also that
the cour. might appoint receiver Of the
property. The bill in equity which was
filed by Wilson a. Jcnckes, counsel for
Thomas W. Lynd, recites among ether
things that the complainant was for
many years..ths owner of large and re-
munerative business on Friendship street
in this city; the main portion OF which
business consisted of the sale OF jewelers.
findings. And that the complainant
and the respondent maintained very
pleasant relations for many years, bu,
that in 1898 the complainant became very
feeble in bodily and mental health from
the use OF stimulants. That In January
OF that year the respondent took advant-
age OF the compainants condition, had
him sign a contract giving TO the re-
spondent a one-half interest in the busi-
ness. The complainant says this con-
tract was fraudulently made and by it's
provisions Peter Lynd, the respondent,
was TO remain in charge of the business
until Jen. 1898. He was TO draw $50
week and such other sum as would go TO
make up one-hslt interest in he profits.
The complainant also alleges many
fraudulent and improper actions OH the
part of the respondent in the conduct OF
the business, the management OF which
he has had for the past three years. The
property involved is large one. Re
Gently the complainant has recovered
both his mental and his physical health.
l.. l.. Angel OF Cook and Angel, who
appeared for the re respondent, said that he
would convince the court that The charges
OF wasteful and improper management OF
the estate were untrue; that when the
contract between the complainant and
the respondent was made Thomas w.
Lynd was in sound mind and not in poor
physical condition; that over $4,000 made
cut OF the business had been invested
profitahly; that the debts were fewer than
when the respondent took charge OF the
business; that the bank account was
larger and that the business was conduct
ed better now than before the contract
referred TO was made.
Several witnesses were introduced to
prove that Thomas w. Lind was in posses
sion OF all his faculties when this con-
tract was made. Among them Were:
james G. McGicen and Cashier Jillson
OF the weyb National Bank.
Mr.. Angell argued there was no reason
for tho interference OF the court in this
case.
Kent Stanley Company VS.. Richard
Robinson, ct al. Decree entered direct
ing the respondents, Heny W. Harvey,
assignee OF Richard Robinson, and Carrie
$. Gardiner, interplead touching their
respective claims 10 funds. The re-
spondents named are also enioined from
prosecuting suits begun by them in the
common pleas division OF this court,
COMMON PLEAS DIVISION.
Before Judge Wilbur and jury was
tried today for the second time the suit
OF Charles NJ. Salisbury against Frederick
Il. Shaw 20 recover damages for damage
alleged to have resulted TO property from
the defendants negligence III putting in
a sewer on Pine street. The defendant de-
nies any liability to pay further damages
than those he has already paid. The jury
brought in verdict for the plaintiff for
si03.92.
Arnold Greene appeared for the
plaintiff and T.. -. Bassett for defendants.