The daily morning journal and courier., 1902-02-08
IN AND ABOUT THE COURTS
GHE SPITE FENCE CASE W4S SEI-
 TIED YESTERDAY

1 Treasurer Fresenius Loaes Ills Case T le Waddingham Mansion Win be Sold
 Soon Foreclosure Ordered Yesterday
 Alleged Murderers Bound over-suit | BeckIey Co.
 In the case of the National Folding l Box and Paper company against Caro- 1 line G. Hermann, Judge Shumway of l the superior court has handed down a
 decision which is in the nature of a
 compromise. The plaintiff sued for an
 injunction and $1O,O0O, but no damages
 are allowed A plan of relief to the plaintiff is, however, given.
 This is what was called the Congress
 avenue spite fence case. The defendant
 erected a high board fence up against
 the windows of the plaintiffs factory in
 Congress avenue shutting out the light l for the factory.
 The memorandum of division by the
 court says:
 "I find all the allegations of the com p1aint true except the allegation as to i the amount of damages the plaintiff has
 sustained. It is therefore ordered that 1 unless the defendant will permit the plaintiff at it's own costs to fit into said fence immovable windows with opaque
 glass opposite the windows in the plaintiffs building darkened by the fence, within two months from the date of the judgment in the cause then
 thereafter she will be enjoined from
 maintaining the fence so as to obstruct the light in the plaintiffs windows.
 "Plaintiff's counsl may draft judgment file In accordance with this
 memorandus and submit the same to me-
 The Shepard & Morse Lumber com pany through it's attorney, James D. Dewell. jr., yesterday afternoon secured from Judge Roraback in the superior court an order for Louis A. Lampson, receiver for the W. A. Beckley company to appear and show cause why he should not surrender and deliver to the plaintiff property which the plaintiff claims to own. The date for the hear ing is February 13. at 5 D. m.
 In the motion for the order to show cause it is set up that the plaintiff shipped to the defendant company two car loads of shingles, subject to accept ance that the shingles arrived here January 27, only four days before temporary receiver was appointed: that rt,;. ,fad I,,y the defendant company and unloaded at it's yard January 2S, 29 and 90. It is set up that the W. A. Beckley company obtained no property in the shingles as against the plaintiff in accepting them when it was insolvent and unable to meet it's obligations and was in fact considering the advisabilty of apply ing for a receiver.
 It is set up that in view of the fnan- cial condition of the w A. Beckley company on the 27th and 2Sth days of January, 1902, the days these cars were accepted, and one partly unloaded the plaintiff company notified the railroad company not to deliver the car that the defendant company had not started to unload and gave bond to the rail- road company, It is alleged that the l defendant company knew of its finan- l cal condition when it accepted and un- loaded the shingles.
 It is also complained that some lum- l Der sent by the plaintiff company to | the Winchester Repeating Arms com l pand and not accepted by the latter last l June was stored in the defendant com | panys sheds with the understanding | that it was to be kept there until some | could be made of it, and l that consequently the lumber is there merely on storage, and that the receiv- or of the defendant company has not title to it. The value of the property involved is about $1 200 White & Dag | gett represent the defendant
 Judge Roraback, at a special hearing in the superior court yesterday, ap- pointed Louis A. Lampson permanent receiver of the w. A. Beckley company, lumber dealers at 167 Water street. MT Lampson is manager of the company and he was granted permission by the court to continue the business for thre The time for the presentation of all claims against the company Is four months. Judge Roraback appoint ed as appraisers Harry E. Hurd of this city and H. r. Jordan of Branford
 THE WADDINGHAM MANSION.
 Judge Elmer of the superior court | granted foreclosure decree in the case