The Worcester spy. [volume] (Worcester, Mass.) 1898-1904, 1901-10-01

rere Juoge GasklIl Oil the declara ton
and demurrer, He overruied the de-
murrer ana ordered Judgment against
the defendant for $l4, $685. 81 ana, at the
request of the parties, he reports ali
questions or law raised on said de-
claration and demurrer, If no error Is
round In his ruling, final judgment for
the plaintiff is to be entered. Ii error
is found, final judgment for the de-
PENDANT Is to be entered. B. w. Potter
and Ralph A. Stewart for plaintiffs
Herbert Parker ana Charles G, Milton
for defendant.
Nelson H. Strong VS.. Sarah A. Brooks,
Leominster Savings Bank, trustee. This
was an action to recover on a premis-
sorry note and is brought up on an APP
peal by the claimant Hopkins, Smith
& Hopkins for plaintiff; Herbert Park
er for claimant
lTunger Elevator Company VS.. John
E. Day. This was an action of con-
tract. The plaintiff put in an auditor S
report from w. B. Harding and rested
it's case. The defendant asked the
court to rule, as a matter of law, that
the finding of the auditor that the
elevator became a part of the real es-
tate, is a finding of law and not evil
dence; also, to rule that the finding of
the auditor that the Washburn shops
had no power to make contracts, is
also finding of law, and that, there
fore, is not evidence, and cannot be
considered by the jury as evidence in
support of the plaintiffs cause. The
court declined, and the defendant ex-
cepted. Blackmer & Vaughan for
plaintiff; Frank L. Dean and Herbert
Parker for defendant.
Timothy Richardson vs.. Clinton Wall
Trunk Manufacturing Co., and Lyman
Leighton, ct ais. This was a bill in
equity to restrain the officers of the
Wall Trunk Co. from selling or dispos-
ing of any of the estate or property of
the company and for the appointment
Of a receiver to wind up the affairs of
the corporation. The case was heard
before Judge Gaskill on the plaintiffs
bill and amendments, upon the mem
orandum Of findings of Judge Bond, and
upon the demurrer in answer of the re-
spondents filed to the plaintiffs bill and
amendments, and at the request of the
parties the case is reserved for the con-
sideration of the full Supreme Court.
If the demurrer be sustained without
further amendments being allowed to
the plaintiff, the bill is to be dismissed;
otherwise such order to be made as JUS
tice and equity may require. Jonathan
Smith for plaintiff, Herbert Parker for
defendant.
+ Town of Shrewsbury VS.. City of Wor-
cester. This was an action of contract
to recover $43S for the support of one
Margaret Hogan, an insane person, at
Tewksbury, from Oct. /, 1897 to Sept.
80, 1900, the plaintiff alleging she had
acquired legal settlement in Worces-
ter through her husband. The Super
ior Court ordered judgment for the
plaintiff in the sum of $452S9 and the
defendant appealed. Thayer & Cobb
for plaintiff, Arthur P. Rugg for de-
PENDANT
City National Bank VS.. Charles
Baker Company, City of Worcester, in
tervenor. This case was heard be-
fore Judge Maynard upon the agreed
facts and he ordered the city's inter-
venor dismissed with costs. The case
lis reported by Judge Maynard. Arthur
P. Rugg for city, Hopkins, Smith &
Hopkins for receiver of Baker Com
pany The city claimed taxes of 1899
and 1900.
Hayward A. Harvey VS.. Frank Bulk
eley administrator of estate of Frank
lin Baldwin of Grafton, and Arthur E.
Truesdell, administrator of estate of
George Leonard of Newton. This was
an action to recover for cost of a pal
GNC SdAp AAOI l6c5Cu " respondents.
The case was heard as a masters re
port and the bill dismissed with costs.
The plaintiff appeals. William A. Gile
for plaintiff.
James H. Whittle VS.. Levi W. Phelps
This was an action of replevin to re-
cover possession of certain goods, and
comes up on defendants exceptions
Baker & Hall for defendants.
Jacob L. Cooling VS. Jacob Rosenthal.
This was an action of contract where
In plaintiff seeks to recover for the
amount he paid on account of his liza
bility as surety on defendants bond to
dissolve an attachment in another suit.
1t comes UP on plaintiffs exceptions.
B. w. Potter for plaintiff; Thayer &
Cobb for defendant.
George S. Taft, trustee, VS.. Frank S.
Robbins, same VS.. the Stone & Foster
Lumber Co., same VS.. James E. Gro
gan, Herbert l.. Brown VS. John E.
Kellogg, Fred A. Hartford VS.. Ransom
c. Taylor.
These cases will be submitted on
briefs in Boston,
John Farnon VS.. the Boston & AL
bany Railroad Company This was an
action to recover damage for injury to
plaintiff by reason of his being thrown
down and having his hand injured be-
tween the bumpers Of the platforms Of
a passenger train he was riding on Ju-
ly 20, 1899. The case was tried at the
May sitting of the Superior Court. 1901,
and the jury returned a verdict for
the plaintiff. The case came up on de-
PENDANTS exceptions, which were al
lowed by Judge F. A. Gaskin June q,
1901. Frank P Goulding for defendant.
John Bowes VS.. the New York New
Haven & Hartford Railroad Company.
This Fvas an action of tort - recover
for injuries received April - 1900, in
defendants freight yard at Worces-
ter by being caught between two
freight cars which were connected
with a switching train that the plain
tiff was at work on as a brakeman.
The case was heard before Judge Jabez
Fox in February, 1901, and the jury re-
turned a verdict for the plaintiff. The
case comes up on defendants excep-
lions. Charles G. Milton for plaintiff;
Frank P Goulding for defendant.
Frank H. Rice VS.. Samuel e. Win
slow. This was an action of contract,
under Chapter 437 of the acts of 1890,
to recover a payment of $1,000 made
by the plaintiff to the defendant on
April 4th, 1899, and the value of a bond
of the Worcester Consolidated Street
Railway Company, delivered to the
plaintiff by the defendant on March
Sth, 1899 The uncontradicted evidence
showed that the defendant was a
banker and broker, carrying on a gen
in Worcester, and that at various
times between March It'll, 1899, and
September 18th, 1899, the plaintiff had
dealings (Which this suit brought in
question: with the defendant concur
ring certain stocks and securities, viz,