The daily morning journal and courier. [volume] (New Haven, Conn.) 1894-1907, 1897-11-18
IN AND ABOUT The COURTS
SUIT OF HARLAN Us. NEW HAVEN
STEAMBOAT co. BEGUN.

v
STEAMBOAT co. BEGUN.
Plaintiff Asks $4,000 Damages An In
teresting and Important suit-Cases in
Common Pleas-Clty Court Record.
In the superior court yesterday morn
ing, before Judge Roraback, the suit
brought by Thomas Harlan of Newark
N. J., to recover $4,000 damages from
the New Haven Steamboat company
was commenced.
The case is an important one. Both
sides are represented by able lawyers,
the plaintiff, Thomas Harlan, by Judge
Henry Stoddard and the defendant, the
New Haven Steamboat company, by
Ex-Governor G. r. Ingersoll, Attorneys
E. H. Rogers and j. FL. Webb.
Harlan alleges that on January q,
1891, Alexander G. Chaplin bought 1870
shares of the New Haven Steamboat
company's stock and on May 9, 1895,
sold and transferred the 100 shares to
Richard R. Gibbons and appointed Glib
bons his attorney to sell and transfer
December II, 1895, Gibbons sold the
stock to Harlan. The certificate Of
stock issued January 27, 1891, to Chaplin
is numbered TIA and was delivered to
Gibbons and in turn to Harlan. On
March 10, 1896, Harlan requested the
company to transfer the stock to him
on the books, but the company refused
to do So The stock was worth $4,000
and Harlan claims Judgment that the
company make the transfer and for $780,
00v damages.
The defendants answer alleges fraud
against Gibbons and relatives. Alex
der C. Chaplin, after he had sold his
stock to Gibbons sued him for the same
on the following, complaint: That the
plaintiff, Chaplin, twenty-eight years
old came from England and met Glib
bons at a New York hotel. Gibbons
was professional gambler, and had a
suite Of three rooms at the hotel, where
betting on the races was carried on
daily. Chaplin came under his influence
and played heavily. The complaint says
that Gibbons induced Chaplin to drink
excessively and in increasing amounts,
and that most of the time the plaintiff
was In such condition as to be unable
to understand what he did; that Chaplin
bet with Gibbons while intoxicated, on
horse races continually, and Gibbons
worked Chaplin for large amounts On
April q, 1895, Chaplin was induced to
wager $500 on a pigeon match, and
Gibbons held the stakes. Gibbons de-
clared, as stakeholder, that the plain
tiff had lost and kept the $500. Then
follows in the complaint other wagers,
one where Chaplin lost Sc, 900 on a shoot
ing match; later that Chaplin, while in
toxicated, through Gibbons, endeavors,
lost $40, 900 on a similar bet
1t is further alleged that on May 10,
1895, Gibbons again caused him to be-
come intoxicated and incapable of I'M
Outstanding his acts, and induced
Chaplin, while in this condition, to de-
liver to Gibbons all Of the stocks and
bonds now in issue; that Gibbons
represented that he had arranged for
a loan of $4,000 with which Chaplin
could wager the entire amount on the
pigeon match. The papers further al
1ege that from May II to May Is Glib
bons kept Chaplin supplied with liquor
and induced him to go to Washington,
where, at Raleigas hotel, Chaplin was
in state of physical collapse The
$4,000 loan was never obtained When
Chaplin came to his senses he de-
nianded that Gibbons should return the
stocks and bonds, but this Harlan re-
fused to do. He alleges that Gibbons
place Of business was closed by the DO
lice.
The complaint is full of further al
legations of similar character. The
New York supreme court passed a de-
cree by default finding that Gibbons
had by means of fraudulent represent
ations, and by reason of the intoxica-
ton of the plaintiff, procured by said
defendant, so that plaintiff was unable
to comprehend the nature Of his action
took from plaintiffs possession the Sc
curities aforesaid, and unlawfulIy re-
tains possession of the same, and re-
fuses to return said certificates to the
plaintiff.
The court ordered all agreements
transfers and writing concerning the
matter to be vacated cancelled and set
aside as having been procured BY fraud
and Misrepresentation.
Mr. Harlan sets up that he bought
the stock of Gibbons and that he is in
no way concerned in what Gibbons did
that he paid for the. stock and received
it in good faith and with the belief that
Gibbons owned the stock.
Gibbons had been dead for year and
a half.
Yesterday the preliminary arguments
and hearing of testimony were gone
through with. The case is liable to con-
sumo a week in the trial.
OTHER CASES.
The case of Lane, the oysterman.
against the harbor commissioners has
been submitted to Judge Roraback on
briefs, the evidence all being in.
1t was agreed between counsel in the
injunction proceedings of the Grilley
company against Frank E. Winchell
and others that the case should be tried