Daily camera., 1901-05-07
NOidel' 5 Victory
|l sullivan C0Se
MISS SULLIVAN WINS.
The Sister-in- Law Wins Her Case Against
Nell G, Sullivan.

Nell G. Sullivan.
On January 27th, 1899. Miss Addie
Sullivan, who is resident Of Cincinnati,
Ohio, brought suit through her attorney,
General Byron l. Carr, against her
.ousin and brother in.law, Neil c. Sulli
van, a prominent hardware merchant Of
Longmont Colorado. who stands high in
the business and social circles Of that
community, to collect the balance due on
prom sorry note given TO her by him
which amounted TO between $1,000 and
$500.
The note sued on was executed in
June 1892. The defense set up that the
note was outlawed, more than six years
having expired after its maturity before
suit was instituted to collect the same as
well as the fact that the money loaned
was money belonging to the iLsant
mother. for whom the plaintiff in this
case was the guardian under the Juris
dictlon OF the probate court OF Hamilton
county, Ohio. and that by pre.arranse
men,. the sisters had divided the money
in anticipation of the mothers demise
and that the thousand dollars which was
the consideration OF the note was the
share which would naturally fall to
Annie Sullivan, wife OF the defendan:
and that the defendant executed the
note sued on as mere receipt Tor the
money.
After the issues in the case had teen
framed. General Carr died, and the law
arm of Es,eb & Wolff were employ cd 10
represen, the plaintiff in his stead and
on the I,h day Of November 1899 the
case was tried by a jury before Judge
Bough,on, sitting rs Judge. which re
suited in verde. for the plaintiff in the
sum OF sI,5S6o. The defendant in this
cause was represented BY Judge n. M.
Minor and G.. L. Halderman E.q, OF
Longmon,, who flied motion tor Lev
trial, and "a January .. 1920 Judge
B1ughton granted new trial and set
aside the verdict OF the jury and there
upon the case was set down for ,ri2l and
Judge Geo. w. Allen OF Denver was
called in as a special Judge TO Try the
issue; on the second u,lAl. A, this
trial the Hen. Ralph Talbot OF Denver
WIS called 10 as assisting counsel and
the cause was Sc, down for hearing
May the I4 1920. at which time. after
the plaintiff had rested her case. the de.
fend,n,, through his attorneys. moved
for non sui, upon the ground tha, there
was variance in the pleading. and up
on this t.ehnioali,y Judge Allen granted
the non sui, and dismissed the com.
plaint. From this ruling the plaintiff did
not appeal. nor did her a,torn -ys perfect
any record for the appellate court. but in
tn. month o! September following. the
plaintiff. through her attorneys. brought
a new action upon the same promissory
note and the defense this time admitted
the giving OF the note and set up the
plea of wan, OF consideration upon the
ground ,ha, the note was given as &C.
com mediation pape, 20 the guardian.
Addie Sullivan. TO the probate court OF
Hamilton county. Ohio, and several
other defenses, but the case was ult.
ma,ely tried upon these issues, and set
down for trial for May, 4th OF this month.
with Hon. Ralph Talbot OF Denver ap
pearing alone as counsel for the defense,
The evidence for both plaintiff and de.
fcndant and much bitterness having
been evinccd on the part Ut both plaintiff
and defendant, III. case was concluded
Yesterday evening by the cour, practical
" taking the case from the hands OF
the jury by instIucting them under the
law and the evidence 10 bring in yer.
dict for the plaintiff in the sum OF ST..
4I725. l, developed during the course
Of the trial tha, the plaintiff had been
sued by the administrator OF hel moth
er's estate in Hamilton county, Ohio,
and compelled to account Tor every cent
OF her mothers money which she held
as guardian and that therefore the yer
dict was jus, one in that the wife OF the
defendant will receive her distrioutative
share out OF her mothers estate TO which
she may be entitled. Otherwise the
hard; ship upon the plaintiff would have
been a great one as she would have been
the loser Of the actual amount Of the
,hov> ~ rjonant