The daily morning journal and courier. [volume] (New Haven, Conn.) 1894-1907, 1896-06-06
IN THE COURTS YESTERDAY
DIR. AUSTIN u. FULLER US. METRO
POLIT.iN LIFE INSURANCE co.

tion--Cases Restored to the Docket,
The supreme court handed down a de-
cision yesterday in the case of DR.. Aus
tin b. Fuller of this city against the
Metropolitan Life Insurance company
of New York.
The case was an appeal brought by
the insurance company from the decis-
ion of Judge Wheeler of the superior
court last October
A motion was made for a new trial
by the insurance company about a
week ago before the supreme court,
and yesterday it was announced that
the motion had been granted. The de-
clslon of the supreme court was given
out by Clerk Andrews of the supreme
bench. The plaintiffs have won signal
victories in all the other decisions in
the case, and this decision comes as a
setback Talcott H. Russell of this city
has had, as leading counsel for DR.. Full
4 Ter and the other plaintiffs, the prepa-
rations of the suit. Ex-Judge Henry
Stoddard has had charge of the case
for the Metropolitan Insurance COM
pany.
Over 100000 is involved in the suit
against the Metropolitan company.
MERIDEN CASES.
In the superior court yesterday in the
case of an appeal of Maurice Sullivan
of Meriden from the decision of the
county commissioners Judge Prentice
sustained the decision of the commits
sioners
The next case taken up was that of
Charles D. Crowley of Meriden on APP
peal from probate.
Crowley, who was guardian of Mar
garet O'Reilly, sixteen-year-old girl
of Meriden, was removed by the pro-
bate court on an application brought
by Lawyer Gleason alleging inhuman
treatment of the ward and misappro-
priation of the income from $4,000 worth
of property of the girls, which
amounts to $24O a year. Thomas II.
Cooke was appointed guardian, and
Crowley appealed.
L. N. Blydenburgh and Lawyer Dry
hurst, who appeared for Crowley,
stated that Crowley was the brother
in-law of the girl and was better fitted
to take charge of her than anybody
else. They claimed that she was not
under proper restraint with Cooke.
Judge Prentice after hearing the evil
dence, appointed a disinterested party,
William c. Mueller of Meriden, as guar
dian, and placed him under $4,000
bonds.
A WATERBURY CASE.
The appeal of Susan M. Brown of An
tioch California, from the distribution
of the property of the late Willard W.
Y Woodruff and his daughter, Jennie A.
Hitchcock of Waterbury, made by the
n probate court in that city, was next
Il heard. Mr.. Woodruff died in 1892, leav-
n ing wife, Lizzie NJ, and a daughter.
The daughter died in 1898, leaving a
husband, John A. Hitchcock A $4,000
farm in Bunker HILL, a section of Wa
u terbury, which descended from Enoch,
A the father of Willard Woodruff, was
y left by Willard to his wife and daugh-
ter. At the daughters death an ami
cable division of the property was made
"A between Mr.. Hitchcock and his mother
u in-law.
At this time Mrs. Brown, a sister of
n Willard who is nearly seventy years
old, appeared with claim for her share
of the estate, The other heirs, who did
n not know of her existence, contested
4 her claim. The case was brought to
the superior court in January, 1895
N Judge Prentice decided yesterday morn
4 ing to, set aside>th distribution of the
\ property made by the probate court,
4 and allow Mrs. Brown her legal share
: of the estate.
DIVORCE CASE.
The trial of the contested divorce suit
of Celestia Nesbit of this city against
4 her husband, William D. Nesbit a milk
peddler, was next begun. The plaintiff
asked for a divorce on the ground of
n inf1delity and for the custody of a mi
\ nor child named Matilda Decision was
u reserved.
u TO TAKE EXAMS.
4 The short calendar session of the SUI
perior court was omitted yesterday by
4 Judge Prentice, IN order to make as
II signments of cases for trial next week,
n listen to the arguments for the resto-
ration of cases stricken from the dock
L ct, grant application for examinations
Il to the bar, and listen TO court cases.
n The following were granted permits
sion to take bar examinations: Andrew
/ j. Bierkhan, Sparks L. Brooks, Thomas
II. Cox, Walter B. Cruttenden, Edward
| NJ May, Howard I. Durham, Winthrop
E. Dwight, Joseph Fitzpatrick Walter
T.. Frisbie, Edward ]. GarTan, James S.
| Green, John l.. Hall, Walter p. Judson,
H. H. Kellogg, William II. Kreider,
L George s. r. Lamb, Lewis L. Loomer,
| Edward A. McC!intock. Samuel Mac
fLaughlan, Patrick J. McMahon, Will
| sbur G. Manchester, Joseph FL. Minifold,
HI. A. Matthewman, II. Allen Mix, Will
liam O'Keefe, jr., John J. O'Neill, How
! lard 3. Peck, James E. Rowland, G. Fos-
| tier Sanford, Carl F. Stahl, Loring V.
Stewart, Robert c. Stoddard, Joseph C.
kSweeney, Eugene Fl. Tucker, James A.
2fVeech, Charles 3. Waller.
CASES RESTORED TO THE LIST.
The judge then heard applications for
the restoration of cases discontinued
Hast week. George D. Watrous appear
ed and asked that the suit of the New
York, New Haven and Hartford COM
pany against the city be reopened. The
Ease came to the court in September,
lSSS, and was brought to prevent the
tity from extending Lombard street
Through the Cedar Hill depot to Mill
River street Mr.. Watrous stated that
he order for the extension of the street
WAS still in existence, and ne wished to
aave some action taken on the matter
sefore the case was dropped. Judge
fopaptioe ordered tho oaSp restored and