The Worcester spy. [volume] (Worcester, Mass.) 1898-1904, 1898-10-11
JURY WAIVED SESSION.
Judge Aiken Conducts Court and Hears
Several Important Cases


Several important Cases.
The October jury-waived session Of
the superior court opened Monday
morning before Judge John A. Aiken Of
Greenfield, one Of the new bench APP
pointees by Gov. Woleott. it being
Judge Aiken's first sitting.
The first case Of the day was that of
the Peoples Savings Bank VS.. Frank
NJ Heath. The case is an action Of
contract to recover money paid over
by an alleged mistake in fact. Accord
ing to the claim of the plaintiff, the
sum of $105.65 was deposited by Adolph
johnson in the Peoples Savings Bank,
it being alleged that the bank paid the
amount twice, first on an execution in
favor Of Frank NJ. Heath and again to
Mr.. Johnson himself. 1t came out in
the course of the testimony, that there
were two Adolph Johnsens who had
money in the bank, and that the money
was paid first on the execution, and
then to Mr.. Johnson, it being unknown
at the time that the party was one and
the same Frederick j. Barnard for
the plaintiff; A. S. Pinkerton for the
defendant.
The second case, which occupied the
remainder of the day, and was unfn-
ished, was that of NJ. Everett Howard
VS.. John +. Henry in an action of con-
tract totrecover $1,000 which it is al
legged was paid BY the plaintiff to bind
g real estate sale, the defendant trans
ferrlng the property to the plaintiff, or
to cancel the deed which was given.
Arthur P. Rugg for the plaintiff; Her
bert Parker, Josiah E. Beeman, for the
defendant
The cases continued to November are
as follows:
2341 (f1rst in order)-smith ct ALI VS..
inhabitants of Leicester.
Whitaker VS.. Densmore ct al.
lT95--Cheney VS.. town of Athol.
2146-Referee Publishing Company VS..
Humber & Co, America.
1752-Baker ct al. vs.. Temple.
1908 Cook, Administrative. VS.. Plat
ct al, receivers.
2271-Lord ct al. VS.. Lincoln.
22S3-Murdock ct al. VS.. Clinton Co
operative Bank.
2S1G--Boyden VS.. Security Associates.
250i-Hal VS.. Ba'bb.
$50 Pitts ct al. VS.. Lewis
10 Cordaville Wooden Company VS..
city Of Boston.
2s95-Barstow Stove Company VS.. in
habitants of West Boylston.
2S20-Ware National Bank VS.. 2, A.
Hubley ct al. and tr.
1Sll-- IruaK VS.. Wing.
2s43-rhayer VS.. Hubley ct ais.
2S4+-Thayer VS.. Hubley ct ais.
2SS2-Thayer VS.. HUXLEY.
2Ss5-Thayer VS.. Hubley Manufacture
ing and Supply Company.
2IIi9-Hopeville Manufacturing Com
pany VS.. Allen ct ais.
eiiS-E isher VS.. Streeter ct al.
lI54-Wilson, assignee, VS.. Wilson.
S0a6-Bancroft VS.. Rawson and TT.
sala-- Lock VS.. Goodenough.
Continued generally:
3062- Haynes VS.. Clinton Printing
Company.
$50 Aalley VS.. Twenty-Five $3.50.
settlement has been effected in the
case of Myron ". Curtis VS.. Frank H
Kelley. d. B. Hubbard appeared fol
the plaintiff; Frank H Kelley for the
defendant.
The defendant was called and de
faulted in the case Of Joseph H. Has
kins VS.. Ira c. Haskins. e. V. Wilson
appeared for the defendant.
An entry Of neither party was made
in the case of John Skeihorne VS.. Don
abed Rustigian. c. f. Stevens for ths
plaintiff; A. M. Taft Tor the defendant
IN ORDER FOR WEDNESDAY.
171S-Spencer VS.. Spencer. Kent &
Dewey; J. s. Gould.
2279-Spencer VS.. Spencer ct ais
Kent & Dewey; j. s. Gould.
22S0-Spencer VS.. Crosby ct al. Ken
& Dewey: j. e. Gould.
32o3-Cournyn. admir-, VS., Cournyr
and tr. M. NJ. Taylor; Sullivan s
O'Connell.
ASSIGNED FOR THURSDAY.
s1S7-Thayer, assee., vs.. Bates. f. ]
Barnard; William SlatterX.
IN oYsdap for fn6qV-
925-Clark VS.. Clark. J. 2. Beeman
H. Parker; Ira B. Forbes, Kent 8
Dewey.
272e-Cary VS.. Marshall. ]. Free
Humes; Haynes & Levy.
274S-Lesser ct ali. vs.. Greene ct al
Cohen; Bancroft
23s5-Forbes VS.. Dutton. A. M. Taft
w. B. Harding.
2Ss5-Lowell VS.. Gle. A. f. Clarke
pro Sc.
Wright VS. GLE. Clarke; pro Sc
2939-Andrews VS.. Stone, Fay; Hud
son.
2747-Dundstrom vs. Pond. Potter
Hubbard, Sullivan & O'Conneil.
2s24-RundStorm VS., Pond. Potter
Hubbard.
2ssO-Fay vs.. Wells. s. P. Smith
Titus.
2S61-Fay vs. whittimore. S. p
Smith; Titus.
2S72-Pyatt VS.. STANDARD CONSTRUCTION
Company. Manning; G. 7. Moore.
All divorces are in order for Thurs
day.