The Lambertville record. [volume] (Lambertville, N.J.) 1872-1968, 1902-09-24
COURT PROCEEDINGS.

The case OF John Wene VS.. George
Stryker, in ejectment, was the last case
reported in our last issue. verdict for
the defendant being given. thus placing
him in possession of the six acres of land
which he claimed.
The cases of Charles T. Vail VS.. Ameri-
can Fire Insurance and Pennsylvania Fire
Insurance Companies We're settled. Mr..
Vail owned a mill property at Valley,
/ which was burned In July, 1900. and the
suits were for recovery of the full insur-
ance of the defendant companies.
No. S. James A. Kline. Adm'rs. Sc. vs..
/ Louis II. Schenck, was settled.
The next case tried was that of NJ. Il.
Culver vs.. Matthias Lieberman. The plain
! tiff is a well-known contractor of Quaker
| town and entered into a contract to build
a barn and an addition to "A dwelling on
two farms belonging to defendant near
Easton. Pa. The barn was to cost 5000
| the addition to the dwelling $500. Plaintiff
did the work and was paid for both Jobs
SEQ on account, defendant refusing to pay
the balance because he claimed the work
was not properly done. Plaintiff then filed
| a mechanics lien claim for the balance
$500 due him. The jury returned YER
diet for Mr. Culver for the fun amount OF
the claim with interest from the date of
the completion OF the work In the sum
mer of 1901.
The case of Charles L. Vail VS.. The Mid
dlesex and Somerset Traction Company
was called on Tuesday. MIR. Vail lives at
Valley. In this county. where he Is Post
master On July 81, 1900 he was on a
trolley ear OF the defendant company
going from Bound Brook to Dunellen. AT
Lincoln the car was stopped to allow de-
PENDANT to get hat which the wind blew
OFF and he again boarded the car on the
rear platform, The car started and In n
few moments rounded a sharp curve,
10 n Ii1
head struck the iron railing, knocking him
insensible. He claims he could not enter
the car door as he should have done after
getting the hat. as the conductor stood In
Ii and therefore he was not responsible
In n sense of contributory negligence He
asks for $4,000 for the injuries sustained
which were serious The fall caused an
injury to the spine followed by a clot on
the brain. paralyzing his entire left side
He was confined TO his bed for three
months and says he has been unable to
do anything since. When plaintirf was on
the witness stand he testified as to his
general earning capacity before the acct
dent. This was necessary to show to fix
the amount of damages Plaintiff could
not show however how the amount
claimed as his earning was made up. and
on motion of counsel for the defendant
company the case was put on until next
term ON the grounds Of surprise. the de-
with such proposition at so late a day.
The hearing of the protest against grant
ing license to William j. llim of June
tion. which was set for the 18th inst, was
postponed to n day to be fixed on account
OF some matters pending against Mr. HIN
as found by the Grand Jury.
The Grand Jury adjourned after pre-
senting twelve bills of Indictment
The case of Harry l.. Stout against Lam
bert Humphrey was called Tuesday after
noon. Mr.. Stout claims from defendant
81 LIS under contract to sell the latter's
hotel property In Pennington In March.
1899. The consideration was to be 900 In
cash and a lot on Elwood avenue here
valued at $500. He claims that Mr.. Hum
phrey paid him SIS on account, thus max
ing the claim LIE. The hotel property
was sold to Joseph l.. chamberlin and
the deed passed from Humphrey to Cham
berlin In January. 1902. Stout says the
balance of the money due him was to be
paid when the deed passed to Chamberlln
The defendants counsel moved to non-suit
the plaintiff on the ground that no such
agreement dt being Il verbal agreemenD
enforceable In law, the statute
quiring such agreements to he executed
In writing: and secondly. that no bill for
services. costs. Sc had been served by
plaintiff on defendant before suit. as re-
uuired by the statute. These points were
argued by counsel Tuesday night.
ON Wednesday morning the court gave
its decision by granting the motion to non
suit, thus deciding that Mr.. Stouts claim
had no standing in court. The case will
be carried to the Court of Errors and
Appeals
Court then adjourned there being no
other cases to be tried this term.
The Court of Quarter Sessions took the
pleas of some of those indicted by the
Grand Jury on Wednesday:
la no
with stealing $500 from the person of
| John Fine, In Raritan township, on Sep
TENDER s. Plea, not guilty.
William j. illff, Ellen johnson and Henry
Workheiser were all indicted for assault
and battery upon Eugene Sullivan, at
| Junction. ON July T. Plea. not guilty. Bail
| given for 800 each.
william j. hin was also indicted for
| selling beer and whlskey on Sunday. in
| Junction. Plea, non vult, Sentence will
be given later.
Howard Cooley plead guilty to an in
dictment for assault upon Samuel u. Price,
a Lambertvlle policeman. on August u
Sentence to be given later.
Thomas Vanzile plead guilty to the
charge of horse stealing I'm Clinton town
ship. August 6. the property taken being
that of William II. Hoffman. To another
Indictment for stealing the horse. &c. of
Noah s. Tiger he plead not guilty
Frederick Tiger plead guilty TO taking
some pieces of harness from Levi Barron,
In April last. He was sentenced to five
days In the County jail.
william Chapel. charged with taking
SIS from George Nixon. In Frenchtown, ON
October IS, entered plea of not guilty.
The Court set yesterday September 23)
at 10 o'clock A. NJ. TO try indictments.
The bearing OF the license protest against
william J. mn was set for Monday Sep
TENDER 49,