The Bridgeport evening farmer., 1917-01-06
COURT
FINDS NO ERRORS
ON MACKEY WILL
Upholds Probate Court OF
Stamford-Fairfield Auto
Co. Loses.

| Siy +oninions were handed down by
the supreme court Of errors last even
ing. ave Of them upholding the de-
cisions of the lower court and one up
holding the validity of a will concern
| ing which the court had been asked
for advice.
| No error was found in the case of
| Herbert Harold Vreeland, Jr-. against
Jacob G. Irving and others, when
was appealed by the plaintiff from
the, superior court of Fairfield, county.
The action of the plaintiff was to re-
cover damages for the alleged con-
version Of large quantity of metal
| moulds used as a part of the equ1p-
ment Of a silver plating factory in
Danbury. On September Is, 1915, tn
defendants entered into an agreement
with the plaintiff to sell to him the
buildings ma chinery and real estate
of the Brainard & Wilson corporation,
having been authorized to do so by
vote of the directors of the corpora
ton No authority was given the
plaintiffs to sell or dispose of any
equipment" belonging to the corpora
ton After the plaintiff had entered
into possession of the real estate, the
defendant, Irving, obtained permission
from the plaintiff to store certain ma
terial tn N on the premises, consisting
of brass, copper wire, tubing, materials
and II $40 pounds of metal moulds in
one of 4he buildings located on the
premises. The plaintiff at once took
possession Of the premises described
in the deed. On October %, 1915, the
defendants sold the property in ques-
ton for $1,277.10, and the buyer took
possession Of it. According to the
ndings of the court, the moulds and
designs for the conversion of which
the plaintiff brought ,tlhis$suit were not
either by the intention OF the parties
or by the terms of the agreement in
cluded in the sale. Judge, Roraback
wrote the opinion.
The Fairfield Auto Company OF
Bridgeport appealed from the decision
of Judge Case in the supreme court
for Fairfield county, awarding $2,754.43
and costs to the First National Bank
Of Peru, Ind. The transfer of a prom
isory note was RESPONSIBLE for the suit.
The note was made payable to tn
Brown Commercial Company Of Peru,
Ind. Due to business depression, the
note was taken oyer by the bank and
a demand was made for payment. The
Fairfield Auto Company, however, re-
fused to pay at that time, contending
that it had an agreement with the
Brown Commercial Company by which
it was to pay only after a certain
number of auto trucks had been sold.
The bank refused to recognize this
agreement, and the Bridgeport COM
pany alleged that the bank had acted
in bad faith inasmuch as it's president
was a, stockholder in the Brown Com
mercial Company. The supreme court
opinion, written by Judge Roraback,
does not agree with this contention,
and sustains the verdict Of the supe-
rior court.
On an appeal taken by George W.
Jarboe and others from the decree Of
the probate court of Stamford admit
ting to probate the will Of Alexander
Mackey Of Darien, Judge Beach finds
no error in the decision of the pro-
bate court. The will was made about
1858 and was not offered for probate
until after the death of Mrs. William
Mackey in 1915. The chief question of
fact on the trial was whether it was
evidence was submitted to show that
this was the case.
In a suit brought by Dwight C..
Strattman of Litchfie1d to determine
the rights of the defendants, Edward
N. Strattman and others to real and
personal property in Litchfeld county
under the will of William c.. Strait
man and later will by his wife,
Katherine A. Strattman, advice was
asked as to the meaning of the later
will and as to whether the right re-
manned with the widow to bequeath