The daily morning journal and courier., 1899-06-29
IN AND ABOUT THE COURTS
JUDGE ROBERTSON HOLDS THAT
 RECEIVER FISH CANNOT SUE.

FayerweatherWHlC Case Reopcned-New Cases i'm Court of Common Pleas-
 Bristol Refused Bali in City Court 1 Other News of the Courts. Judge Robinson has handed down a
 decision on the motion which was made | at the short calendar session in the | three cases of Daniel Fish, receiver for ! the Northern Trust company of Min neapolis, Minn., against Henry Rogers, | Ebenezer Gilbert and Andrew H. Smith. | The motion was to throw the cases out of court on the ground that the plain tiff did not have the power to continue them.
 The suits were brought by the re- ceiver of the company, which is insol-
 vent. The defendants are stockholders and have paid only half the amount due on their stock The Minnesota courts decreed that the stockholders should pay
 the remainder of the money due, but
 these men refused to comply with the order.
 The court now holds that the receiver has not the power to continue the suits. as he is officially dead. There is another question whether the assignees or the receiver can prosecute the suits in their names, which is not decided by the court, as he says they have not yet made a re- quest to be allowed to do so.
 OTHER NEWS OF THE COURTS.
 The following new cases were entered on the docket of the court of common pleas for the June term yesterday: El- len Lawlor against John T. O'Brien; Emil Adler vs. Frederick E. Adler; the City Lumber and Coal company vs. Margaret A. Dougherty; Robert c. Bright vs Charles W. Ives; G. Franklin Hoyt vs George w. Bromley.
 A. R. Morgan of Waterbury has brought suit against the New York Building and Loan association for $2,300 damages. The writ doesn't state the reasons for the action. Deputy Sheriff Beach yesterday attached the Elm street property formerly belonging to Jeremiah Sullivan.
 Corporation Counsel Ely is making every effort to finish the hearing of the evidence in the suit of James J. Geary against the city of New Haven during his term of office, which will expire on July 1. Ex-Congressman Sperry of Hartford who is taking the evidence as a committee of the superior court, con- tnued the hearing yesterday. The case is now practically in.
 The case of the FayerWeather will, by which Yale has already received $30O,000 and out of which, if the will stands, the university still expects to get great deal more, has been reopened by de- cson of Judge Lacombe of the United States circuit court of New York. and the big fight between the colleges and the nieces of the late millionaire leather merchant has been transferred from the New York state courts to the United States courts. The case is reopened by Judge Lacombe granting the motion made by Roger M. Sherman, counsel for Emma B. Fayerweather and Mary w. A. Achter, to set aside the last codicil to the will on the ground that it was procured by fraud.
 These two plaintiffs are nieces of the late millionaire leather merchant, and his last two remaining heirs. The last codicil of the Fayerweather will provid- ed that the millionare's fortune be dis tributed by his executors. By the terms of the Fayerweather will, which was filed on December g. 1890, a month after the death of Daniel Fayerweather 3D. ! I90 900 was left to twenty-five colleges and institutions. Hamilton college was to receive S100,000.
 The residuary estate, amounting to | nearly $4 100000, was left to his execu- | .ors to distribute.