The Worcester spy. [volume] (Worcester, Mass.) 1898-1904, 1899-05-22
IN COURTS OF LAW.
Interesting Poin is
Brought Out in Re-
cent Decisions.
FTF Hg
JAMES ]. CORBETT is SUED.
An Actor Blew a Trombone
and Had Ribs
Broken.
JAMES ]. CORBEH IS SUED.
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The full bench of the supreme court
yesterday decided, in the case of the
attorney general against the Massa-
chusetts benefit life association, that
where the association, with part of its
emergency fund, advanced money on
a mortgage, which is subsequently fore
closed, it did not hold the real estate
exempt from attachment by a policy
holder, there being nothing on the re-
cords to show that the property fore
closed was held in trust.
In the case before the court, the as
ISOLATION, after foreclosure, did not
have record made that the property
was held in trust for the emergency
fund, and the property was attached
by one Cummings, who held two poll
cies issued on the life of one Bowen.
The court says that there is nothing
in the statute to show that such real es-
tate stands any differently from any
other real estate held in trust and at
tached by a creditor without notice of
the trust.
The case is remanded to the superior
court for a hearing on the question as
to whether or not the holder of the
policy had notice of the trust.
In an action brought by John Kerr
to recover damages from the Metro
politan street railway company of New
York, for injuries to a horse and wa
gon, resulting through a collision with
one of the company's cars, the plain
tiff was allowed, against defendant 5
objection, to introduce and have read
in evidence from a blotter of the police
department an extract purporting to
be the report of a police officer respect
ing, among other things, the conduct of
the motorrnan at the time of the acct
dent. A Judgment rendered in favor of
the plaintiff in the city court, and af-
firmed by the general term, has been
reversed by the appellate term of the
supreme court, which held, in an opin-
ion by Justice MacLean, that even If
it were not proved, as it was, by his
own testimony, that the officer did not
see the occurrence, the reception in evil
dence of the blotter, wherein the mo-
torman's conduct was characterized as
reckless and eausative of the accident,
was error prejudicial to the defendant.
The blotter was not a public record,
in such a sense as to make it's contents
evidence Of the facts between private
parties.
Connecticut correspondent of the
New York Press asks If a man has
the legal right to advertise as com
pany when he is the sole owner of the
business. The Press answered that it
did not know the Connecticut law on
the subject, but in New York the law is
that q person who transacts business,
using the designation land company
or "& Co." when no actual partner or
partners are represented thereby, Is
guilty of misdemeanor, except when
he is a successor or survivor. But this
prohibition Of the law does not apply
to case where a trade name, as The
Cuban Cigar Company" is used. OF
course, if that were the name Of legal
company or association for other rea-
sons, individuals could not steal it.
A knock down blow to the bicycle
trade in Michigan has been admins
tered by the supreme court Of that
state which has decided that towns,
cities and villages are not bound to
keep highways in safe condition for
wheeling.
Rev. John NJ. MeCallum has brought
two lawsuits against the West Chicago
Street Railway Company, one for per-
summer Mr.. McCallum stirred up some
antagonism in Rockford, ILL.,. by SER
mons against dancing and other world
~ amusements. He says the Rockford
Journal printed letter from the rail-
road company, commenting upon his
claim that he had been permanently
injured on one of the company's cars.
The clergyman says he has been held
up to the world as an insincere person,
and he therefore asks $4,000 damages.
James J. Corbett, actor, saloon keep
er and late pugilist, was sued recently
by Orlando Battagilia for $4,000, the
value of three ribs belonging TO the
plaintiff, which it was claimed Corbett
had broken while the plaintiff was a
member Of his company.
Battagilia's part in the play was TO
rush In and blow trombone while the
hero was making love. Corbett claimed
that Battagilia came in and blew the
trombone at the wrong time, thereby
interfering with the artistic effect Of
the situation. He admitted that he
had grabbed him, perhaps somewhat
rudely, by the coat tails, but denied
breaking any ribs.
The Jury decided that Battagilia had
no cause for action
The supreme court of the United
States. with Justices Fuller, Gray and
McKenna dissenting, has just rendered
a decision declaring that the Michigan
law, requiring railroads TO sell 1000
mile tickets good for two years for $40.
IS unconstitutional The law had been
sustained by the supreme court Of
Michigan.
The court held that the rate was a
pure, bold and unmixed power Of dis
elimination in favor OF a few persons
having occasion TO travel on the roads
and permitting them to do so at
less expense than others, providing they
buy a certain maximum amount Of
transportation at a time.
The interesting question raised by
this decision is as to the right and pow