The daily morning journal and courier. [volume] (New Haven, Conn.) 1894-1907, 1898-06-23
In AND ABOUT THE COURTS
VARIOUS IMPORTANT DECISIONS
Handed DOWN YESTERDAY.

VARIOUS IMPORTANT DECISIONS
Handed DOWN YEs7ERDAY
BY Judge Townsend OF the U. s. District
Court-Decision by Judge Elmer
Wallingford Case-Stonington Bank
Foreclosure Case-Doings in Common
Pleas Court.
Judge Townsend of the United States
district court yesterday handed down a
decision in the case Of Ida M. Larrowe
VS.. Daniel O'Loughlin, both Of New
York. The judge decides: eff COM
plainant has any cause for action
founded on breach of. trust, her place
to prosecute is in the courts Of New
York rather than in those of the United
States"
In the case of Mary r. Allen W.
Windham Cotton Manufacturing Ca,
on the question Of mortgage the
judge says: 1.-THE mortgage in the
present case specified O. large amount
or real estate together with stock and
machinery and contained the stipu1a-
ton that, until default in payment OF
principal OF interest, the mortgagor
may use and sell said cotton, stock
in process and manufactured goods,
and receive the proceeds thereof.
IF counsel cannot agree as to the
forms Of said decree, each party may
draw and submit one to the court for
final adjudication
In the case of the New Departure
Bell Co. VS.. p. & F. Corbin, and E d.
Rockwell, the court decides that the
bill should be dismissed.
The I. B. Kleinert Rubber Co. sued
the Garfield Rubber Co, the motion
being for preliminary injunction by the
use Of the name 'Invincible," register
ed by them and adopted and applied
to stockinet shields. This motion is
denied without prejudice to the right 81
complainant to renew the same upon
proof of infringement Of its trade mark
by defendant. #
In the case of William G. Egerton vs..
John H. Starin, a suit brought to the
superior court and made returnable On
the first Tuesday of November, 1897,
but with no allegations in the COM
plant or in the writing touching the
citizenship of the parties:
The judge decides: "The allegation OF
citizenship In the petition for removal
is sufficient. The motion to reward is
therefore denied"
Superior Court Civi1Side-JudgcE Elmer
Judge Elmer handed down deci-
sion against dissolving a temporary In
junction in favor of Thomas Coke irE
the case Of Coke VS.. Mcclure. The In
junction was to restrain Mcclure from
injuries to Coxe's riparian rights.
Judge Elmer held an adjourned short
calendar session yesterday morning
and disposed Of a number Of matters
which had been postponed from last
Friday. He appointed Attorney w. s..
Pardee as receiver to collect the
street. which formerly belonged to
Builder Charles Huntley. foreclosure
proceedings have been brought by r.
H. Russell, the lumber dealer, against
this property, which now stands IN the
name of Howard c. lifts Of Spring
field. The property is said to be worth
about $4,000.
f. A. Wallace was discharged az re-
ceiver of the Hall Manufacturing co.
of Wailingford yesterday morning and
the company was formally dissolved.
The debts of the company amounted
to about $4,000 and they have been
paid. Judge Hubbard secured these
orders acting for the receiver.
A decree of foreclosure was obtained
by the Stonington Savings bank against
Mrs Jane Halliwell, widow Of the late
Samuel Halliwell. The property fore-
close was between sixty and seventy
acres of land at Tyler City, which be-
longed to Mr.. Halliwell before his
death. This does not include the prop
erty upon which buildings have been
erected. The amount Of the mortgage
was $1,000 and the time for redemption
was fixed at the third Monday of Sep
| TENDER.
Court of Common P1eas-Criminal Side.
The case Of the state VS.. Christy was
continued till tomorrow, the state
having practically rested its case. Ben
jamin Aston, the victim of Christys
assault, is now in the New Haven hos-=
pitai, where it was at first thought he
was suffering from conclusion Of the
brain.
John Hall was found guilty Of the
theft of twelve hens from Horace Bris-
toll of Cheshire. He was found guilty
| in the lower court and sentenced to-
| nav a fine of IS and costs He an.