The Providence news. (Providence [R.I.]) 1891-1906, 1896-03-12
In JUDGE SPINK'S COURT.


Judge Sphinx had a pretty important
case on hand today which occupied two
hours and a half and involved prominent
personages as well "a delicate law points.
Herbert 8. Horton seeks TO recover from
Herbert II. Maine the whole account,
without any deduction for loss of his
estate which Mr.. Arnold assumed guar
dianship OF Dec. ~, 1885, and which he
surrendered as guardian Jan. 10, 1896, at
the order of Judge sphinx. The plaintiff
Is the shoe dealer at 80 Weybosset street,
and the defendant is equally well known
as mem ber of the hrm OF Arnold *
Maine OF the New England Grocery.
They are also brothers-in-law. Mr. Hor-
ton was committed to Buffers Hospital
last December, and Mr.. Maiue was APP
pointed guardian. Mr.. Horton was soon
afterward discharged from the asylum
and. claiming he was not insane, had Mr..
Maine deposed.
This, as stated, was on Jan. Is, and
the next day Mr.. Maine took possession
OF the shoe store as mortgage and on
Jan. 2s thought in" the stock and
fixtures through an agent completing the
transierence of the property to himself by
private sale, according TO the plaintiff.
Hor. Augustus s. Miller conducted the
case for Mr.. Horton, who was present,
and David =. Baker took charge of Mr..
Names interests. The latter took the
stsnd and underwent fire of searching
Questions which were calculated to show
that he fureclosed the mortgage held by
him for Sl2, 500, on which mortgage note
not a cent o. actual cash was advanced,
but the note was given TO secure previous
transactions. the principal OF neither OF
which was due at the time of the fore
closure, nor was there any interest due.
he principal item in the S12, 500 was a
note for $1,000 given to MIR. Maine April a,
1895, for four months at per cent. Mr..
Horton had also previously given notes
| for 5000, $500 and $500, the remaining
500 which made up the sl2,500 being for
| something else. One of the notes became
| due January 10 and Mr.. Maine paid the in
rest on II and renewed II January IL,
| while he was yet guardian, and that in
terest was duly charged TO the III. ;. Hor-
| ton estate.
Then followed a long series of questions
| about various items on the account as
! guardian which Mr.. Maine bad rem 1ered
| and to some of which the complainant
| took exceptions.
1t was shown that when the inven-
| tory Of the stock and fixtures was Ia.
| ken they were valued az St4, 800
and they brought at auction $500, leav-
ing a shrinkage of $500. To this latter
amount Mr.. Maine had rendered an ac-
count shrinkage making the total amount
to about $1,000 more and Mr.. Mille- insist
ed on knowing where the extra shrink
| age came in. Mr.. Maine informed him
That the stock was not all new, and. as
a matter of fact, ii was not worth more
than he paid for it, j. e., the $500 at
auction and S624.40 besides which it cost
tetween the auction and the private sale.
Mr.. Miller objected to the 1924. 10 being
! applied on that side OF the ledger claim
| ing IL should have been credited 10 the
estate and then not taken away and put
on Mr.. Names side of the account.
Mr.. Maine admitted that he did not
present an account TO the court of claims
of the creditors before being removed as
guardian, but all bill, he bad paid he
paid on his own responsibility and to
keep things going. these he charged to
himself He felt that he owed the es-
. tate little over sls0l.
Mr.. Miller made e.: statement to the
court, claiming that i.-r. Maine, as guar
dian, unlawfully carried on his ward Is
| business as the law forbids the
| guardian TO carry on his ward 8
business; he claimed that il was fraudu-
lent TO take the property uDoer the mort
| gage, as there was nothing due; he claim
| ed that MIR. Maine fraudulently and ille-
| gally pretended to sell the property at
auction when he had directed his agent
| TO buy ii in; he claimed that the guardi-
ans trusteesnip authority comes only from
the court ano the court had given him
no authority to sell any of the stock; he
ctdilHeu tDdt WHile stlll y BudrulaH He trans
ferred the property TO himself as mort
gagee; he claimed that Mr.. Main, in
sending out notice announcing the sale
to protect himself, was fraudulent and that
he not only violated about every rule,
but he went further and became his own
purchaser: neither did he present list of
claims before surrendering his guardian
ship.
The plaintiff therefore demanded that
the court declare Mr.. Maine's bond de-
faulted.
The court wasn't quite sure that he
could do that and must have more time
to consider. He also said that MIR. Mil
Ter had better put in testimony If he de-
sired. The case was then adjourned to
next week, Thursday, to give counsel
time to prepare briefs.