Waterbury evening Democrat. [volume] (Waterbury [Connecticut]) 1903-1917, 1904-04-16
SHORT CALENDAR.
Judge Cowell Handed Down Several
Decisions.

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Decisions.
Before taking up the business OF
short calendar this morning, Judge
CoweH handed down the following de.
cisions:
Attorney James e. Russell VS. f.
n. Sharp, for $500 damages for q
watch given by the late Owen Woods
| as security, a motion to set as1ue the
verdict of the jury for the defendant
motion was denied. Contract was
found.
M. f. Carmody VS. j. Ward Porter
demurrer overruled.
George Cummings VS. Stephen E
Cam, motion to dissolve an injunction
restraining defendant from organizing
a company for the manufacture of d
needle loom invented by plaintiff and
damages Of $4,000, motion disallowed
The court found there was no mention
OF the extent Of capitalization of the
company proposed; no time set for
completing the organization of the COM
pany, ana the value of the patent was
not proved.
State Bank corporation of New York
VS. the Miller & Peck Co, Judgment for
the amount claimed in the bill of par
ticulars, $500, with interest, was given
with $50 cost expenses to be deducted
for the defendant.
NJ. Ell. Was vs. John Anderson, suit
to recover on bond for $500, JUG
ment for plaintiff for $500. Anderson
bought candy store on Exchange
place from friend. Replevin suit fol
lowed for the goods, and Was gave
$500 surety for Anderson to prosecute
for the recovery OF the goods. Ander-
son lost that case, consequently his
bondsman, Was, had to pay.
Attorneys Bronson and Kennedy
and Cassidy got at it again in the
district court to-day before Judge
named to modify the injunction which
restraints Lewis Simon ct al, from
Interfering in any way with Sam
The trouble as the entire city ought
to know by this time, for it has been
told in the papers over score of
times, is over the right to use the
entrance and passway to the cellar of
their stores on Bank streets Blood
has been spilled over this contention
and goodness only knows how much
money has been expended In law. The
Injunction was granted a week ago
yesterday and a few days later the
defendant claimed the plaintiff had
kicked up all kinds of q mess in the
cellar, thereupon he moved for modi-
fcation Of the injunction. Attorney
Bronson said to-day that If the words
~as q passway" were inserted in the
Injunction his clients would be happy,
making the document to read from
interfering with the plaintiff in any
way from using the entrance to the
cellar as a passWay.o
But Mr. Kennedy opposed such an
amendment.
Mr. Bronson claimed that unless the
injunction is so modified the plant
ifs, umbrella makers, may annoy the
very life out of the defendants mill
liners, by poking umbrellas at them,
through slits and knot holes in the
partition that the plaintiff makes
these days to unpack or remove al few
trunks, and may keep the cellar door
open until all creation inside is frozen
up
Mr. Kennedy said he never In all his
life heard such a motion. 1t simply
meant to pass another Judgment on
matter that has already been de-
cided. If Mr. Bronson was not salts
fed with the matter he could enter
suit for trespass.
The court was inclined to insert the
words S'as a passWay" but Mr. Ken
nedy raised a storm OF objection. He
said he was willing that Mr. Bronson
should draw up form of agreement,
provided he would withdraw his notice
of appeal to the supreme court, but
Mr. Bronson would not answer and the
court accordingly denied his motion.
A demurrer in the suit of the New
York Evening Journal against Eliza
beth McCarthy's bond for p. 8. Dillon
was argued at considerable length and
great warmth by Attorney Russell for
the defense and Byrne for the plain
tiff. Decision was reserved.
A motion to drop M. J. Bisnovich AS
defendant In the suit of q. g. Wade
against Philip Aperian ct al was al
lowed, and judgment for foreclosure
was given J. K. Silyerman against
Hubert SVerrier. The amount will be
decided later Law day being May IT.
Following is the assignment of
cases: John d. Botelle VS. Borough of
Bristol, City of Waterbury vs s. e.
Cam, Marie Sanchelli VS. T. #. But
Ter, Thursday, and the city vs. John
Rafter, April %.