The daily morning journal and courier. [volume] (New Haven, Conn.) 1894-1907, 1899-08-17
In AND ABOUT The COURTS
TWO DECISIONS MINDED DOWN BY
JUDGE TOWNSEND.

Involve Seamless Rubber Company and
Rogers silver Plate Company of Dan.
bury-suit for Damages In Court OF
Common P1eas-City Court Cases.
Two decisions were given in the Unit
ed States district court yesterday by
Judge Townsend, one for the defend
ants in the appeal of the New York
u Commercial company against Henry M.
Francis, James 7. Farrell and Joseph
2. Earle The suit was over the owner
snip of stock in the Seamless Rubber
company. Each of the parties claim a
lien by attachment on the shares stand
ing on the books in the name OF j. +.
Earle, claimed to be the property of the
partnership of Earle Brothers. Judge
Townsend in his decision says: The
question submitted by the court of APP
peals to this court as to this partner
ship Of Earle Brothers was, whether
their equities have become subordinate
to those of Francis or by their laches or
by their conduct which can be brought
home to partnership"
In the case of Jennings Brothers Of
Danbury against the Rogers Silver
Plating company of Danbufy for al
| legged Infringement of patent, the plain
| tiffs are allowed an accounting with
| costs
The matter came before the court as
a formal hearing on the bill and answer
alleging infringement Of patent for
mirror frame. The patent in question
was issued September 25, 1894, to
| Charles F. Mosman, and assigned to the
plaintiffs in this suit. The defendants
did not deny the infringement and the
| validity of the patent is admitted ex-
| cept as affected by claim of prior use
| for more than two years before April
| 26, 1894, the date of the application for
| the patent
The case was argued at length. The
| defendants claimed that the plaintiffs
| had no case, inasmuch as the patent in
| question had been used for over two
years before the inventor made his APP
plication at Washington. This was the
| important point involved but Judge
Townsend decided that it was not
proven and his decision is in the plain
tiff's favor.
SUIT FOR DAMAGES.
Judge Studley has issued an injunc-
ton against Henry P. Wlrth and Nancy
With, his wife, of Ansona. Suit in
the court of common pleas has also
been brought against them for S1,500
damages. The suit is brought and the
injunction prayed out by Miles l.. Shell
ton of Oxford, through his attorney,
Walter Pond.
Shelton is the owner of farm in
the town of oxford and within the farm
is pond of about twenty acres ex-
tent. The pond is made by an old dam
which has stood for many years. The
Wirths claim that they have a right to
the pond by virtue of an inheritance on
the part of Mrs. Wirth from her great
grandfather. Shelton on the other
hand acquired the land by deed of sale
about FIFTEEN years ago and disputes
Mrs. Wirth's claim to any right in the
pond whatsoever.
SUES FOR WAGES.
Adolph Robnton of 107 Oak street,
through his attorneys, l.. e. Jacobs of
this city and George w. Bristol of New
York, has again secured Judgment in
the city court of New York against
Morris Berman, the builder of New
Haven, who became involved In con
siderable litigation before leaving town.
In 1896 Robinton SUED herman and was
awarded a judgment of $57 for wages
due for work done ON building. Rob
inton took out an execution and Ber-
man went to New York. When be was
located there another suit was brought
against him and Judgment has just been
rendered for the plaintiff to recover in
full.
CITY COURT CASES.
John Murphy and John O'Brien, who
were arrested on charges of tresnass OH
railroad cars were allowed to go free
nolles being entered.
James Carney was in the city court
charged with vagrancy. All the visible
property in his possession when Detec-
tives Daley and Donnelly arrested him
Tuesday night were a chock, and TIL
Ter brass, parts of a boat, which he is
suspected of having stolen. The case
was continued until August H. to inves-
tigate.
Benjamin Curren and William Moak-
ley, Two uOWH Town young men, were
fined S. and costs of S453 each on a
charge of stealing a box of cigars.
Judge Dow suspended Judgment in
cases of trespass upon railroad cars
against George Ryan and Earl Apple |
bee, two good appearing young men |
from Rochester, N. Y
Michael Bradley was sent to Jail for |
ten days upon charge of drunken |
ness
A charge of breach of the peace |
against James F'errinici was continued |
until August II.
George Brown was fined $25 and sent |
to Jail for two months. He was accused |
of assaulting r. C. Connolly. a railroad |
brakeman in the Cedar Hill yards, |
Tuesday
A charge of non-support against |
George e. Bailey of 495 elm street was ,
until August 80.
The cases of Alfred r.. Trllman and
William J. McGrath, charged with for
gerry, were continued until this morn
ing,
NEW FACTORY ADDITION.
Ground was broken this week for a
new building 80 by SO feet, to be erected