The Worcester spy. [volume] (Worcester, Mass.) 1898-1904, 1899-12-05
NEW TRIAL ORDERED.
Supreme Court Hands Down Rescript
in Case of Carpenter VS.. Fisher.

| Supreme Court Hands Down a Rescript
in Case of Carpenter VS.. Fisher.
The superior court has handed down
a rescript in the case of Edward F..
Carpenter VS.. Herbert c. Fisher. A
new trial is ordered. The
court says that the second instruction
asked for should have been given.
There was evidence on which the jury
might have found that plaintiff was
acting as broker for Ross in the sale Of
! the house and land in question. He
could not recover a commission from
| Fisher for services rendered him in the
same transaction without disclosing his
relations with Ross"
| Haggerty & Kane were counsel for
the plaintiff, and Thomas H. Sullivan
for the defendant.
BROKERS SUED FOR SALARY.
Jere r. Whalen, through his counsel
James f. Ryan, has brought suit
| against Il. A. Rogers & Co., Of Boston,
with ad damnum $500. The plaintiff is
| a telegraph operator who has been en-
| ployed in the Worcester branch of the
firm of F. A. Rogers & Co., who do a
stock brokerage business in the Walker
| y
| alleged to be due. An attachment was
made, and a keeper put in, but on fling
the proper bond, the keeper was taken
out. The case is returnable in the SUI
| perior court, this month.
SUIT FOR LOSS OF A HAND.
The tort case of John Joseph VS..
George c. Whitney & Co. was return
able yesterday. Hopkins, Smith &
Hopkins are counsel for the plaintiff.
| The ad damnum is $15,000 and through
I carelessness of the defendant, it is all
| legged that plaintiff lost part of his right
hand.
SUIT FOR RENT ALLEGED DUE.
| The case of r. c. Taylor VS.. Daniel
| Doyle ct al, to recover for rent alleged
to be due the plaintiff on lease, is re-
turnable this month. Charles T. Tat
man is counsel for the plaintiff.
CASES IN REGISTRY OF PROBATE.
In the registry Of probate yesterday,
C "A. Batchelder of Fitchburg filed his
appearance as counsel for NJ. H. Smith,
Emily Smith and Minnie Hodgkins, in
re petition of Ellery Hodgkins, who
asks that NJ. H. Smith and Emily
Smith deliver to him the custody of his
minor child, Minnie Hodgkins.
Willis E. Sibley has entered his ap-
pearance as counsel for Lucy M. Hem
enway, and r. E. Allen ct ais, execu-
| tors under the will of Levi j. Hemen-
way, in the matter of the petition for
guardianship for Lucy M. HemenWay,
| by Emma c. Pratt ct ais.
A commission was issued to take the
| deposition of Mrs. Maria N. .Parkhurst,
witness to the will of Angelina P
| Chaplin, Milford.
| The declination of Lewis Warren
| Smith to act as executor of the will of
James L. Watson of Northbridge was
filed yesterday.
HEARING FRIDAY.
On Friday there will be hearing at
Fitchburg before Frank L. Dean as
auditor in the case of the Mccormick
Harvesting Machine Company VS.. Eliza
c. Clark. Burton w. Potter is for the
plaintiff.
| ATTACHMENTS.
| Attachments recorded yesterday in
the registry of deeds:
| Harvey Wool Extract Company VS..
Alice B. Hubley ct ais in an action of
| contract, ad damnum 5000. Writ
served by Deputy Sheriff David H.
| Hayter and returnable in the central
district court.
Charles F. Atwood Barre, VS.. Han
nah D. Blaisdel and Alonzo Blaisdell,
in an action Of contract, ad damnum
$1,000. Writ served by Deputy Sheriff
Sylvester Boutwell, and returnable in
January term Of the superior court.
MORE LAND FOR WATER BOARD.
In the registry of deeds, yesterday,
an indenture was recorded between
Henry H. Sprague, Wilmot r.
Evans and Henry P. Walcutt,
constituting the metropolitan wa
tel board of the first part, and Joseph
| inc Burnett and Harry Burnett of
| Southboro and William W. Vaughan of
Boston, executors and trustees under
a certain will. The parcels of land
conveyed are: One piece of property
south of Main street in Southboro one
piece near land of c. B. Sawin, and the
third tract near mills in Southboro The
right is conveyed to maintain filling and
slope through these pieces of property,
for water pipes.
SUIT ON A NOTE.
Frank N. West of Boston, through
his counsel, Charles T. Tatman, has
brought suit on a note against Angus
tus B. HARDWOOD of Templeton.