The Bridgeport evening farmer., 1912-01-04
Litchfield County News.
Resignation of Janitor.

l Resignation Of JanltOr-
 Sheriff Middlebrooks has received the resignation of L. W. Mosher, for many years janitor and messenger at | the courthouse in New Milford. III
 health is the cause of his retirement 1 Winsted Man Bankrupt
 l Vincenzo Grillo, who conducted a | grocery store in Wlnsted, has filed a petition Gn bankruptcy. and he made oath that he did not have the money
 to pay the filing fee of 80. His lia-
 bilities are listed at $722-6s. all unse-
 cured. Assets available for creditors
 are listed at $351.35.
 l Death Rate Lowered.
 l Despite the fact that the epidemic l of typhoid spread through Torringtop and exacted a death roll of thirtytwo,
 that there were eight less in 1911 than in 1910. The total number of deaths for last year was POI.
 Harwinton Fixes Tax Rate. The annual town meeting in liar winton was held Monday afternoon. The tax rate was fixed at 1s mills, of which mills is to be used for school purposes. James Martin. the tax collector, was congratulated on having collected all the personal tax.
 Deputy for Norfolk
 Sheriff Middlebrooks has announced the appointment of James Kennel ey of Norfolk to be deputy sheriff for that town. MT. Kennelley is plumb CT.
 Signs of Activity
 The Greenwoods Mills in New Hart ford, which have been. closed for more than ten years. are again to be open ed. Donald Warner of Salisbury, who has acted for the purchasers, was in town last week with the deeds, signed, conveying the property in the towns of Barkhamsted. Canton and New Hartford to the Draycott. Mi-ls. Massachusetts corporation The up per brick mill Is to be opened in few months for manufacturing silks. laces and similar goods. The lower Tourain Company. Bids are being re- ceived for the erection of large weaving shed. Five car loads of ma chinery have been received.
 Bad Check Man Pleads Guilty.
 Peter B. Smith, who was arrested on charge of obtaining money under false pretenses, was brought to Litch- field, Friday. Before Justice James P. Woodruff Smith pleaded guilty and under bonds of $400 which he could not furnish. He was taken to jail. He is charged with forging checks on J. W. Whittlesy and William Hall
 h Supreme Court
 Three actions which were started in the court of Common Pleas of Litch- field county occupied the attention of the Supreme court, Tuesday, in Hart IOTO. t)n6 CT the cases VIII QSISII1A4S whether savings bank, which. after using carep pays out money to one who fraudulently obtains it, is liable to the depositor for the amount of the the court of common pleas held that the bank was not liable and the de- positor appealed. John Dfnini of Win sted Is the plaintiff and the Mechanics Savings Bank of Wfnsted the defen- dant. On May 16, 1910, Dintni deposit
 ed $200 in the bank and bank book
 was issued to him. In August of the same year he drew $75 from his de- posit, and after the withdrawal was entered on his book, gave the bank l book to his mother. who deposited 1t John Rimondi stole the book. He pre- | sented the book to the bank and rep resented that he was Dinini and the
 bank paid him the $125 that remained | on deposit. He signed 3 receipt to the bank for the payment of the money and surrendered the bank book. On September 28, 1910, DfTafni notified the bank that his bankbook had been 1 stolen. and subsequently, Rimondf was | arrested for stea ing the handbook I He is now serving sentence in state l application to the bank to pay him l the money. The bank refused and | then the suit was started
 On trial in the lower court it was l shown that the money was paid over I to Rimondi by Miss Ala L. Norton. | who for a number of years had been 1 a clerk in the bank Judge Welch i found that she did not pay it over un-
 til after she had made a comparison fof the signature on Dinini's identifica- | tion card in the bank and the sigma ture which Rimondi made at the time
 he made application for the with | drawaI of the $125, but he did find | that neither Miss Norton nor any l officer of the bank made inquiries Of Rrmondi, based upon the fnforma ton
 regarding Dinini which was contained on his Identification card in the pos session of the bank in addition to the l cam that the bank had exercised care before the money was paid out, as a further claim that it was not liable, l the bank set up one of it's bylaws. This bylaw provides that the bank cannot be held liable to a depositor because of any fraud perpetrated up- on St, but that any record on the bank book that any money has been paid out by an officer of the bank shall exonerate the bank from any H. ability for any fraud that had been
 .practiced upon it. In deciding the case against Dinini Judge Welch/ said that he appreciated the position of Dinini in the loss of his money, but | that he was unable to find that the bank had not acted with such reason able care as was required under the sion Judge Welch quoted the case of Chase against the Waterbury Savings
 Bank, 77Conn.. 2s5. This opinion in effect held that depositor was bound by the bylaws of the bank
 l The suit of George Fl. Peck. of Tor rington, against John Mackowsky Of Torrington, was an appeal taken by the defendant from decision which Judge Welch rendered in the court of common pleas. In 1850 Benhan Bar Der bought land in Torrington which | is now owned by MT Peck In 1861 MT. Barber bought land now owned by MT. Mackowsky and in 1864 dfspos- ed of that part of the land where l Maclowsky had his farm In the fho reservation made by Barber: 'I re- l serve for myself and my heirs and assigns forever, a right of passway from the highway on the east to my land west of railroad as now used. .. | MT Peck has thirty-two acres of land and on a part of that land he has an ice pond and ice houses and to get to the pond and ice houses he has ln., ALo.lEn11rrlry-