The daily morning journal and courier., 1897-05-01


 over the right arm, crushing it, and 1t had to be amputated at the elbow. He brought suit to recover $40,OOO dam ages.
 A. E. Carrol of New York appeared for MT. Lamburth, and Robert Harbi- son and Walter G. Cowles of Hartford appeared for the defendant. The coun- sel for the plaintiff had failed to give the notice as required by the statutes of this state to the defendant at the time of the bringing of the suit, and it was held that the action could not sur vive.
 NO REDUCTION OF ATTACHMENT. Judge Townsend of the United States court has decided, in the case of Kell & Co. of New York vs. the National Life Insurance company of Hartford. to deny the motion for a reduction Of the. amount of attachment. The at- tachment is for $100, ,000, and it is placed in suit to recover on alleged commits sions.
 Superior Court-Civil side-Judge Robin-
 son.
 A notice of appeal in the case of pr. A. B. Fuller against the Metropolitan Life Insurance company has been filed in the superior court clerks office Judge Shumway decided practically every point in favor of the company, and MT Fuller will appeal upon the all legation of error. The case has been to the supreme court once before, and a new trial was granted.
 FOR APPOINTMENT OF A RE-
 CEIVER.
 Judge Robinson held a short cal endar session yesterday. In the suit of the J. Gibb Smith company against George and Joseph Weissman, Attorney J. Birney Futile, on behalf of the plaintiff, asked for the appoint ment of a receiver during liquidation. The Weissmans own property in New York city, which is heavily plastered with mortgages and liens, aggregating $12,00O or 15,00O.
 Attorney Lynch opposed the applica- tion on behalf of the Weissmans. Judge Robinson continued the whole matter for thirty days.
 ONE DIVORCE GRANTED.
 Mrs. Adella Morgan Foster secured a divorce yesterday morning in the supe- rior court from William P. Foster on the ground of cruelty. They were mar ried In May, 1870.
 August Zeeck asked for divorce from his wife, Mary, on the ground of inhdelity and intemperance Judge Robinson declined to grant the decree on the ground that the acts alleged taI lot op Ao complaint
 JAMES T. MORAN APPOINTED AU-
 DITOR.
 In the case of the New Haven and Derby railroad against the Mercantile Trust company, James T. Moran has been appointed auditor to settle up the accounts. This case has been in the courts for many years, and originally started over some Shepaug railroad stock held by the Trust company. By tine appointment of an auditor it is be- lieved the matter will soon be ad- justed.
 BENHAM PROPERTY SOLD.
 The motion for acceptance for com- mittee's report, and for the order of dis. tribution, in the case of John H. Ben ham against James H. Benham anc others, was yesterday granted. In the case is involved the distribution of the proceeds obtained from the sale o property at 6S Park street, which wa: owned by John H. Benham of this city James W. and w. A. Benham of Chica. go, Isabella W. Beecher, Moravia Cal. and Kate c. Kammach of New York city. John H. Benham sued last veal for a distribution of the property, anC the court last January appointed Will liam H. Beecher a committee to sell it It brought $5,175, and this, less $500 fol expenses, will be divided among the five parties to the suit.
 RAILROAD COMPANY DEFAULTED The New York, New Haven and Hart ford railroad defaulted in the sui brought against it by Michael De Bat testa. The plaintiff was run over by { gravel train near Woodmont in 1895 and lost leg. He sues for S15OO0.
 FORECLOSURE JUDGMENT.
 The motion of Attorney John K Beach, counsel for plaintiff, for judg ment of foreclosure of the Hotel Ma jestic property, in the case of William Butler Duncan Of New York, vice pres ident of the Mobile and Ohio railroad against William Gay and others wa argued yesterday. The plaintiff has first mortgage of 900 on the property and second one of $15,000. Charles H Webb, real estate expert, testified tha the property at present is worth $60,00C He said the land was worth 5000, anC that it would cost 1000 to replace tn building as 1t is now.
 Ralph E. Dusinberre, Contracto Charles D. Kinney's superintendent, tes tified that he had examined the mason ry of the Hotel Majestic, and his esti mate was that it would cost $23, 4 to replace it.
 William Gay testified that the entir cost of the building and land was $157, 900, the land costing $20,00O.
 He said that $12OOO had been mad out of the hotel from the date of 1t opening, June 25, 1895, to July 1, 1S9; but the company has been losing none, since, except during last October, whel money was made.
 John Gay testified he knew the cos was S157 OOO, but he didn't know an, more than that on the subject.
 Attorney G. E. Beers appeared for tn Gays, and Attorney W. H. Ely fo