The Newtown bee., 1905-03-17

the Falls Village Power company and the charter rights of the New Milford Water company. It was large deal, involving something more than S2OO,- 900. Certain agreements were entered into and MT Crosby paid MT Staub about $6O,00O. He was unable to meet payments under the provisions of the agreements and he secured an exten- sion of time from MT Staub, but before he had chance to make good he died. Mrs Crosby claimed that within short time after the death of her hus- band she went to see MT Staub at New Milford and, she said, he told l. her "that the Crosby estate might have all the time it wanted to complete the purchase. Before the purchase was completed MT Staub sold the rights to other persons without her knowledge and unknown to her, Mrs Crosby said, and she made demand for the return of the money which her husband had paid on account of the agreements, the claim being for S6O,OOO. MT Staub re- fused to return the money. MT Crosby was the owner of some estate in the Hartford probate district and Judge Freeman of the probate court of Hart ford appointed Noble B. Pierce ad- ministratOr, and as administrator MT Pierce brought suit against MT Staub for damages of S75,OOO. The case came up for trial before Judge Thayer during the October session. MT Pierce and Judge Marcus H. Hol- comb represented the estate and Frank L. Hungerford of Hartford and Frank w. Marsh of New Milford ap- peared for MT Staub. Judge Thayer's decision came Saturday. It is for the estate to recover S67, ,340, representing S60, 900 with interest from the date de- mand was made for payment, Febru- ary B, 1903. In memorandum of decision filed by Judge Thayer he says:
 The defendant did all that was re- quired of him under his contract with the plaintiffs intestate. The latter, after having paid $6O,OOO on the con- tract, broke the contract. There are many authorities, and good ones, which hold that under these circumstances the party who has violated his con- tract will not be permitted to recover back what he has paid upon it. In this state it is held that money so paid can be recovered back as money re- ceived upon no consideration. The defendants remedy in such case is for damages for breach of contract. In the present case the defendant sets up no claim for such damages. The plaintiff is therefore enti tied to recov- CT the amount paid with interest from date of demand, -$67, ,34O.
 Although no formal appeal had been taken Saturday, it was said that the case will be taken to the Supreme court. -[Rartford Courant.] From d prominent tinancier close to MT Staub THE BEES representative learned that MT Staub was not in the least alarmed by the decision of Judge Thayer and that the case would be fought to a AA40A HI OA4O AAS AO1 SOul Uos
 "LEW" PRATT's KEEN JUDGMENT VIM
 DICATED.
 The story in THE BEE a few weeks ago relative to 'Lew" Pratt, his judg- ment as to the value of dog and the valuable and interesting points of the remarkably we'll bred dog of F. T. Buck, the well-known mill man of Boardman, attracted no end of atten- tion and comment at the time. For time the laugh was on Pratt, who was so willing to give an even hundred for the dog and which was disdainfully turned down by Buck, even if the keen- eyed and popular Hawley did stop the trade. Passing through the interest ing hamlet of Boardman the other day. your correspondent called on MT Buck, and was shown the valuable dog. In short time MT Buck put the animal through series of tricks, which showed him to be an animal of rare qualities and possessing we'll nigh human intelligence. It was no wonder "Lew" made the offer, and A. H., it it now appears, was the short-sighted man. This important correction should be made, as the visit in ques- tion only emphasized Mir Pratt as a man of superior judgment on the value of dogs. MT Hawley will please pass the cigars.