Worcester morning daily spy. (Worcester, Mass.) 1888-1898, 1898-02-08
COURT CALENDAR.
Verdicts Returned in Two Cases
in Superior Civil Court.
Two Dentists Ordered to Pay Fines In
Central District Contractors Take
Poor Debtors Oath.

Z
superior civil court before Judge Bond
Monday morning, and reported a verdict
for the plaintiff assessing damages in
the sum of $626O1 The case was an
action of contract to recover for meats
and provisions sold the defendant. J,
H. Schoonmaker for the plaintiff; w.
II. Kelley for the defendant
The next case on trial, which occupied
nearly all the day, was that of Milton
w. Smith VS.. John F. Callahan, both OF
Worcester The case was an action OF
contract to recover for the alleged
breach of the conditions of bond Civ
en- as security for a quantity of toilet
soap. The jury was out but few min
utes, and returned with a verdict fol
the defendant. w. E. Sibley and G. H
Sibley for the plaintiff; Frank P.
Geulding, Thayer & Perry, William c.
Mellish for the defendants.
The last case Of the day was that OF
James Frimble of Whitinsville VS.. the
Within Machine Works. The case is an
action of tort with an ad damnum OF
$4,000, to recover for injuries alleged to
have been received while loading ma
chinery for the defendant company, Oct
y, 1896, While the plaintiff was loading
machinery the car tipped, so that the
plaintiff, as he claims, fell backward
and sustained severe injuries. The suit
is brought under the employers liabil-
ity act The case was but opened when
court adjourned at 40 o'clock until $50
this morning, when the plaintiff will Of
fer evidence. Sheehan g Cutting for
the plaintiff; Frank B. Smith, w. S. B.
Hopkins, Jr., for the defendant
The trial list remains unchanged
DTWnprE TTpINr
A divorce libel has been fled in the
superior court by Clara Curtis of Wor-
cester vs. Edgar L. Curtis, also of this
city, The petitioner brings the libel on
the sfound of cruel and abusive treat
ment gross and confirmed habits of in
toxieatien, and failure to provide suita-
BILE maintenance.
Ihe parties We're married in this city
Dec, s4th, 1895. and lived together until
snort time ago. No children are the
frht of the union The libel is return
aple the first Monday in March, c. s.
Dodge appearing for the libellant.
GOES TO SUPERIOR SQUIRT.
William b Hardin, as MASTER
filed his report with the clerk of courts
late Monday afternoon in the case of
James Q. Hudson ct al. doing business
under the firm name of the Hudson
Belting company of Worcester, VS.. the
j. B. Parker Machine company of Clin-
ton. and A. G, Dakin, Charles c. Muir
dock, Charles G, Bancroft, Mary E.
Parker and Jonathan Smith, executor
OF the viii of Isadore NJ Parker. The
suit was one in equity, brought against
the president, treasurer and directors of
the j. +. Parker Machine company on
the ground that the debts of that COM
pany on December I'd, 1896, exceeded its
capital stock in the sum of $4,000, and
to secure funds in the hands of Charles
G. Bancroft, trustee
The report finds that A. c. Dakin and
CHARLES G. Murdoch, as president, treas
urer and directors of the company, are
liable for the excess of the debts over
the capital stock to the extent of S13, 600.
1t further finds, as matter of law, that
the bill In equity cannot be main
tanned in its present form,
The plaintiff files objections to that
part of the masters report in which the
master rules as a matter of law upon
the facts that no decree can be framed
settling the rights of all the parties of
the bill and that said bill cannot be
maintained
The defendant also filed exceptions to
findings, in view of the evidence SUBJ
mitted The case now goes back to the
superior court, and will undoubtedly be
taken to the supreme court, Z. A. Ev-
ans appeared for the plaintiff; Herbert
Parker, Jonathan Smith and Charles G.
Bancroft for the defendants.
REPORT IN DEARBORN CASE.
The report of William B, Harding, as
auditor in the case of Charles Baker ct
81. VS.. William T, Dearborn ct al, was
also filed in the superior court Monday
afternoon. No finding is given, the re-
/ port stating that as the respective coun-
4 sci in the matter in dispute had agreed
upon disposition of the case, and as
/ there would be no proceedings in the
! suit, there was no occasion for the fur
| Their hearing before the auditor, and
| that the papers were accordingly re-
! turned. The plaintiffs were the reeeiv-
ers of the G, d. Morse Manufacturing
Co. and brought suit against the de-
| PENDANTS to recover $2934 on account, il
( being alleged that the G, d, Morse Man
ufacturing Co. had contracted to deliver
| lumber and stock to the defendants in
| that sum, that the lumber had been de-
livered, and that no payment had been
made The Dearborn company later
went into insolvency, and the matter
was settled during the insolvency pro-
T eeedings Thomas H. sullivan appeared
for the plaintiffs; Henry f, Harris for
/ the defendants
I ATTACHMENTS
/ Alpheus Sanford. receiver, VS.. A. D.
Davis ct al, Worcester, $500. Superior
court of Suffolk county Writ served
by Early. T. NJ. Vinson for plaintiff.
William F. Wallace VS.. John B. Fitch
Westboro, $4,000 Superior court Writ
served by Early. ]. H. Yickey fol-
plaintiff.
James E, Leach vs.. Charles S. Forbes
+ Worcester, $500. Superior court of Suf
! folk county, Writ served by Early, Il
! ls. sullivan for plaintiff.
( Simon H. Wimen VS.. James Mccain
Worcester, 5000, Central district court
! Writ served by Cross. Henry w, Aiker
/ fer plaintiff,
Mr.. CHILDS QUALITIES.
Benjamin w Childs of this city, who
was recently appointed member of tn,
board of trustees of the westboro In
sane Asylum, by Gov. Wolcott, qualified
/ before Clerk of the Courts T. S. John
] son, Monday. Mr.. Childs has thus fal
served four years on the board. and his
new appointment is for FIVE years.
INSOLVENCY DOCKET
The docket in the court of insolvency
| for today is as follows:
! 1644-Edwin P. Henderson. Adjourned
third meeting.
| 1G5S-Wilkinson & Halves Third meet
| ing.
] 1664-Eli Jaques. Third meeting
1665--A. Leslie Marble. Third meet
! ing.
167l-Rartlett & Joslyn. Adjourned
second and third meeting.
I ~ i III 7 ~. o