The Providence news. (Providence [R.I.]) 1891-1906, 1896-10-09
AN OLD CLAIM.
Tool Company Creditors
Seek to Recover.
Suit for Salary as Manager
of Breakfast Mission.
Insurance Case, Common Pleas Dl-
vlSi0n-Dr. Hale Sued.

Warren 1T al. VS.. Providence Tool Co.,
ct al. The hearing took up consiera ole
time, and was on the sutiici ncy OF the
defendants answer to the complainants
bill.
The suit is brought by certain creditors
OF the now 1efunct Providence Tool Com
pepy, against the stock holGers OF the
company 70 recover from them under a
judgment OF the court against the corpo-
ration. The chief grounas of defence are
the statute OF limitations and delay oy
the complainants in bringing their ac-
tion.
There is big array OF counsel in the
case james and W. Il. TilliDg hast, repre-
seuting. .the compliments. and at today's
guished counsel for the defenda nts wer.
Henry Almy and Thomas Z. Greene.
BREAKFAST MISSION TROUBLES.
A case in which jury trial had been
waived was heard by the same justic s
this afternoon. Ii was that of T.. j. Ken
nedy against B. +. Gilmore and during
the bearing many details Of life at the
Break fast Mission on South Main street
came out. Mr.. Kennedy claims that for
s6 weeks he not only performed the ar
duous duties OF having lodgers in the 10
cent lodging house sign their names, de-
posit their valun bles for safe Keeping, but
also ordered the meats for the tables for
supper and breakfast, and otherwise su-
perintended the establishment.
According to his own statement. Mr..
Kennedy worsed both at the lodging
house formerly conducted by MIR. Gill
more on Canal street in Decem Der, 1884,
and after a brief vacation in the summer
OF 1896 went to work experimenting the
many changes made in the new house on
South Main street. lie bad teen paid
but SIS, and now seeks to recover a con-
siderable sum. lie never asked Mr..
Gilmore for a settlement until about
three weeks before he left him in JRnu-
ary 1886.
jacob W. Mathewson, attorney for the
defendant, asked the pl,intiff tow he
came to leave M. Gilmore's employment
Kennedy. said he did not know, but DE-
MED he was discharged because he kept
money belonging to his employer. He
did not deny, however, that he kept
money belonging to Mr.. Gilmore, az he
said thar was the only way he could re-
was attorney for the defendant.
COMMON PLEAS DIVISION.
rh. Ir,;taa hrtuol Ineprapca Ho,a m N ~
was defendant and A. Milkman plsintif
in a case tried before Judge WiIbrr in
the common pleas division Of the Su-
preme Co url todsy. The plaintiff. who
hes a store in the .Grosvenor building on
Eddy street, last January insured his
stock with three companies. one of
which was the defendant company. and
on February there wac a fire IN tHe
building md Mr.. Milkman's stock was
badly ma d by fire and water. The
los-es We're adjusted and ii was under
stood the United Mutusl's share OF the
loss was 'So62.5O. and it is now admitted
that II anything is Gue ii is this sum.
Before the jury was called in the case
J. Jerome Hahn, counsel for the plain
tiff, asked that as the defen ant had tled
no affidavit OF defense as required by tho
statutes, judgment be given for the plain
tiff by default. ID. II. Potter objected to
this disposition OF the case.
Judge Nicur did not fully sgrec with
Mr.. hahn's views Of the case and sug-
gested that the Appellate court would
construe the 10 days as directory, not
mandatory. His honor also said that as
Mr.. Hahn had brought the company into
court he should give it chance to de-
fend. "But," quickly responded Mr..
Hahn, cit would not be accommodating
enough TO let us amend our policy"
The defendant company refuses 10 pay
the amount du' by reason OF the adjust
ment of the losses because IL claims there
is q clause in the policy provioing that
sprinklcrs must be use by the insured.
The plaintiff claims that lie knew noth-
ing about this provision, neither did
Arthur O'Lsarv, the solicitor OF the COM
pany, and also that MIR. Baker, the com
pany's secretary, knew there were no
sprinklers in the store when he took the
risk.
nR. HAZE SIZED