Volume 66 — Connecticut Reports

Suit to redeem a certain stallion and for other equitable relief, brought to the Superior Court in New Haven County and tried to the court, Prentice, J.; facts found and judgment rendered for the defendant, and appeal by the plaintiff for alleged errors of the court. The case is fully stated in the opinion. I. The case presents all the elements going to show the relation of borrower and lender. Roberts wanted to pay the $675, so he could save the $1,400 he had already put in.

Prosecution for keeping a disorderly house, brought to the City Court of New Haven and thence by the defendant’s appeal to the criminal side of the Court of Common Pleas for New Haven County, where the defendant demurred to the information, and the court, Studley, J., reserved the questions of law arising thereon for the advice of this court. The case is sufficiently stated in the opinion.

Action to recover the amount of unpaid installments upon capital stock subscribed for and purchased by the defendant, brought to the Superior Court in Fairfield County and tried to the jury before Thayer, J.; verdict and judgment for the plaintiff,and appeal by the defendant for alleged errors in the rulings and charge of the trial court.

Action to recover damages for personal injuries sustained through the alleged negligence of the defendants; brought to the Superior Court in New Haven County and heard (as to the defendant Taylor) in damages to the court, Q-eorge W. Wheeler, J.; facts found and judgment rendered for the plaintiff to recover $550 damages, and appeal by the defendant Taylor for alleged errors in the ruling of the court.

Action to recover damages for personal injuries sustained by the plaintiff through the alleged negligence of the defendant; brought to the Superior Court in New Haven County and tried to the court, George W. Wheeler, J., upon defendant’s demurrer to the complaint; the court sustained the demurrer, adjudged the complaint insufficient, and the plaintiff appealed. The eomplaint was as follows : “1.

Action in the nature 'of a bill of interpleader, brought to the Cit}- Court of Hartford and tried to the court, Mc-Manus, J.; facts found and judgment rendered in favor of tile Transportation Company, and appeal by the respondent Hardendorff, for alleged errors in the rulings of the court. The case is sufficiently stated in the opinion. I. A mechanics’ lien is wholly the “creation of statute,” and was unknown either at common law or in equity.

Action to recover the penalty prescribed by § 2698 of the General Statutes, for neglecting to erect and maintain necessary and convenient guide-posts; brought originally before a justice of the peace and thence by plaintiff’s appeal to the Court of Common Pleas in Fairfield County, and tried to the court, Curtis, J.; facts found and judgment rendered for the defendant, and appeal by the plaintiff for alleged errors in the rulings of the court.

Action on a bond given by the defendant’s testator as surety, brought to the Superior Court in Fairfield County and tried to the court, Thayer, J.; facts found and judgment rendered for the plaintiff, and appeal by the defendant for alleged errors of the court. The case is sufficiently stated in the opinion.

Action to recover for merchandise, with a counterclaim upon the part of defendant, brought to the Superior Court in New Haven County and tried to the court, George W. Wheeler, J.; facts found and judgment rendered for the defendant to recover of the plaintiff $481.31 damages and its costs, and appeal by the plaintiff for alleged errors in the-rulings of the court. The case is sufficiently stated in the opinion.

Action to recover for injuries sustained by the plaintiff by reason of the alleged negligence of the defendant in treating the plaintiff while a patient in the defendant hospital; brought to the Superior Court in New Haven County and tried to the court, George W. Wheeler, Jupon the plaintiff’s demurrer to the special defense of the defendant; the court overruled the demurrer, sustained such special defense, and rendered judgment for the defendant, and the plaintiff appealed…

, upon appellee’s demurrer to the reasons of appeal filed by the appellants; the court overruled the demurrer and the appellee refusing to answer over judgment was rendered for the appellants and the decree of the Court of Probate was reversed, and the original appellee appealed to this court. The case is fully stated in the opinion.

Action to recover for support of an alleged pauper, brought to the Superior Court in Litchfield County and tried to the court, Robinson, J.; facts found and judgment rendered for the defendant, and appeal by the plaintiff for alleged errors in the rulings of the court. The case is sufficiently stated in the opinion. The court erred in holding that the probate record was not conclusive evidence of the facts therein recited.

Suit for the construction of the will of Lyman W. Case, late of Winchester, deceased, brought to the Superior Court in Litchfield County and reserved by that court, Fenn, J., upon the facts stated in the complaint, for the advice of this court. The testator died in April, 1892, possessed of considerable estate, real and personal. His will, executed February 17th, 1891, was admitted to probate, and the plaintiffs named therein as executors duly qualified.

Action upon the common counts to recover for goods, wares and. merchandise, sold and delivered, brought to the Court of Common Pleas in Fairfield County and tried to the jury before Curtis, J.; verdict and judgment for the plaintiff, and appeal by the defendant for alleged errors in the rulings and charge of the court. The bill of particulars consisted of charges for goods sold, running from June, 1890, to June, 1891, with certain credits.

Actions in the nature of libel, brought to the Superior Court in New Haven County and tried together to the court, George W. Wheeler, J.; facts found and judgment rendered for the plaintiffs, Dennehy to recover $800 and Roche $700 damages, and appeal by the defendant for alleged errors in the rulings of the court. These actions were for libel based on the same publication. The complaints and the other pleadings are exactly alike, except the names.

Action in the nature of interpleader, brought to the Superior Court in New Haven County and tried to the court, George W. Wheeler, J.; facts found and judgment rendered in favor of Henry G. Ailing, and appeal by Elizabeth Downs for alleged errors in the rulings of the court. The case is sufficiently stated in the opinion.

Action to recover $25,000 alleged to be doe and payable to the plaintiff from the estate of the defendant’s testator, for services rendered the testator in his lifetime ; brought to the Superior Court in New Haven County and tried to the jury before Ralph Wheeler, J.; judgment as in case of non-suit was rendered by the court, and the plaintiff appealed. The case is sufficiently stated in the opinion.

Actions to recover damages occasioned by the closing of a certain highway in the city of New Plaven, upon order of the railroad commissioners; brought to the Superior Court in New Plaven County and heard first upon defendants’ demurrers to the plaintiffs’ complaints; the court, George W. Wheeler, J., overruled the demurrers, and thereafter the case was heard by a committee whose report was accepted by the court, Ralph Wheeler, J., and judgment rendered for the respective…

Action to recover the amount of a policy of life insurance upon the life of John Ward, late of New Haven, deceased; brought to the Superior Court in New Haven County and tried to the jury before Ralph Wheeler, J.; verdict and judgment for the plaintiff, and appeal by the defendant for alleged errors in the rulings and charge of the court, and also upon the ground that the verdict was against the evidence.

Action to recover the amount of a promissory note, brought to the Superior Court in Fairfield County and tried to the court, Prentice, J.; facts found and judgment rendered for the plaintiff, and appeal by the defendant for alleged errors in the rulings of the court. The case is sufficiently stated in the opinion. I. The former judgment, claimed to «be an estoppel of record, is, upon the face of it, no bar to the defendant’s claims in the present action.

Prosecution for violation of the Act of 1898 to prevent pool selling, brought to the City Court of Bridgeport and thence by the defendant’s appeal to the criminal term of the Court of Common Pleas for Fairfield County, where the accused was tried and convicted by the jury before Walsh, J., and appealed for alleged errors in the rulings and charge of the court. The case is sufficiently stated in the opinion.

Prosecution for a violation of the statute respecting the sale of spirituous and intoxicating liquors; brought before a justice of the peace in the town of Westport, and thence by the defendant’s appeal to the criminal term of the Court of Common Pleas for Fairfield County, where the accused was tried and convicted by the jury, before Carroll, J., and appealed for alleged errors of the court in its charge to the jury.

Action to recover the contract price for merchandise sold and delivered to the defendant; brought originally before a justice of the peace, and thence by defendant’s appeal to the Court of Common Pleas for Litchfield County and “tried to the jury before Warner, J.; verdict and judgment for the defendant, and appeal by the plaintiffs for alleged errors in the rulings of the court; the plaintiffs also filed a motion for a new trial upon the ground that the verdict was against…

Action for damages for causing the death of the plaintiff’s intestate, brought to the District Court of Waterbury and tried to the court, Bradstreet, J., upon a hearing in damages •after a default; the court rendered judgment for the plaintiff to recover one dollar damages, and the plaintiff appealed to the Superior Court in New Haven County; in the latter-court the defendant pleaded in abatement, because the appeal was taken too late; the court, Greorge W. Wheeler, J.,…

Action to recover damages for personal injuries to the plaintiff Martha Horton, sustained by reason of the defendant’s negligence; brought to the Superior Court in Fairfield County and heard in damages to the court, Shumway, J.; facts found and judgment rendered for the plaintiffs to recover $550 damages, and appeal by the defendant for alleged errors in the rulings of the court.

ACTrON in the nature of a creditors’ bill against alleged delinquent subscribers to the capital stock of the Enterprise Manufacturing Company, for the collection of their unpaid subscriptions, and the appointment of a receiver; brought to the Superior Court in Hartford County and tried to the court, Robinson, J., upon defendants’ demurrers to the complaint; the court sustained the demurrers and thereafter judgment was rendered (Hall, J.) for the defendants, and the…

Action in the nature of trespass for unlawfully entering upon oyster ground of the plaintiff and taking and carrying away oysters and clams; brought before a justice of the peace in the town of Darien, and thence by defendant’s appeal to the Court of Common Pleas for Fairfield County where the case, upon the facts found by the court, Ourtis, J., was reserved for the advice and consideration of this court.

Quo warranto to determine the title of the defendant to the office of collector of city taxes of the city of Hartford, brought to the Superior Court for Hartford County, and tried to the court, Hall, J.; facts found and case reserved for the advice of this court. The case is sufficiently stated in the opinion.

Action in the nature of trespass de bonis asportatis, brought to the Superior Court in New Haven County and tried to the court, George W. Wheeler, J.; judgment of non-suit rendered which the court upon motion declined to set aside, and the plaintiff appealed for alleged errors in the rulings of the court. The case is sufficiently stated in the opinion.

Action to recover special damages sustained by the plaintiff by reason of a change of the grade of a highwajr, brought to the Superior Court in New Haven County, and tried to the jury before Ralph Wheeler, J.; verdict and judgment for the plaintiff to recover $500, and appeal by the defendant for alleged errors in the rulings and charge of the court.

Action to recover damages for injuries to the plaintiff’s half of a double wooden house, and to her health, alleged to have been caused by the defendent in and while tearing down his half of said house; brought to the Court of Common Pleas in Fairfield County and tried to the court, Curtis, J.; facts found and judgment rendered for the plaintiff to recover $350, and appeal by both parties for alleged errors in the rulings of the court.

F. B. Soil, a judge of the Superior Court, in Fairfield County, upon whose order a receiver was appointed.

Action to recover damages by a husband for the loss of his wife’s services, comfort and society, by reason of her injuries occasioned by a defective highway; brought to the Superior Court in Fairfield County and reserved by the court, Robinson, J., upon the defendant’s demurrer to the complaint, for the advice of this court. The case is sufficiently stated in the opinion.

Afpeal from the doings of the board of relief of the town of Hartford, in confirming the action of the assessors of said town in assessing for taxation certain real estate of the plaintiff ; taken to the Superior Court in Hartford County, and reserved by that court, Robinson J-, upon the facts found, for the advice of this court. By the finding it appears that:'— “ 1.

Action to recover the amount of a policy of life insurance, brought to the Superior Court in Hartford County and reserved by that court, Hall, J., upon the facts found, for the consideration and advice of this court. The case is fully stated in the opinion. I. There is no evidence that the certificate-holder received notice«of this last assessment and these quarterly dues thirty days before his death.

Action to recover damages for personal injuries sustained by the plaintiff by reason of the alleged negligence of the defendant in the care of a certain sidewalk; brought to the Superior Court in Hartford County and reserved by that court, Thayer, J., upon the defendant’s demurrer to the complaint, for the consideration and advice of this court. The case is sufficiently stated in the opinion.

Indictment for murder in the second degree, brought to the Superior Court in New London County and tried to the jury before George W. Wheeler, J.; verdict and judgment of guilty of manslaughter, and appeal by the accused for alleged errors in the rulings of the court in admitting and excluding evidence. The case is sufficiently stated in the opinion.

Action to recover damages for breach of contract, brought originally before a justice of the peace, and thence by defendant’s appeal to the District Court of Waterbury, and tried to the court, Moot, J.; facts found and judgment rendered for the defendant, and appeal by the plaintiff for alleged errors in the rulings of the court.

Suit to determine the construction of the will of Charles E. Dann, of New Canaan, deceased, brought to the Superior Court in Fairfield County, and reserved by that court, Robinson, J., upon the facts found, for the consideration and advice of this court. The case is sufficiently stated in the opinion.

Action to recover special damages sustained by the change of grade of a highway in the defendant city; brought to the Court of Common Pleas in New Haven County and tried to the jury, before Hotchkiss, J.; verdict and judgment for the plaintiff for $200 damages, and appeal by the defendant for alleged errors in the rulings and charge of the court. The defendant also moved for a new trial for a verdict against evidence, and this motion the trial court overruled.

Wbit of error from a judgment of a justice of the peace in an action of summary process, brought to the District Court of Waterbury and tried to the court, Bradstreet, J.; facts found and judgment rendered for the defendant, and appeal by the plaintiffs for alleged errors in the rulings of the court. The case is sufficiently stated in the opinion.

Suit to set aside a conveyance of real estate, and for other equitable relief, brought to the Superior Court in Hew Haven County and referred to a committee, who found and reported the facts; the court, Q-eorge W. Wheeler, J., accepted the report of the committee and rendered judgment in favor of the plaintiff, and the defendants appealed for alleged errors in the rulings of the court. The case is fully stated in the opinion.

Action to recover the amount of a promissory note indorsed or guaranteed by the defendant to the plaintiff; brought to the Superior Court in Fairfield County and tried to the court, Shumway, J., upon plaintiff’s demurrer to the defendant’s answer of the statute of limitations; the court overruled the demurrer, sustained the answer, and the plaintiff appealed for alleged errors in the rulings of the court.

Action to recover damages for the conversion of a note placed in the hands of the defendant for collection; brought to the Superior Court in Windham County and tried to the court, Ralph Wheeler, J.; facts found and judgment rendered for the plaintiff to recover the value of the note with interest, and appeal by the defendant for alleged error in the rulings of the court. The ease is sufficiently stated in the opinion.

Action to recover taxes assessed upon certain real estate of the defendant, brought to the Court of Common Pleas in Hartford County and reserved by that court, Walsh, J., upon the facts found, for the consideration and advice of this court. This action was brought by the plaintiff, to recover the amount of a tax laid on the list of 1886, on a piece of land in Hartford owned by the defendant as a part of its investment, and by it rented to certain tenants.

Suit for an injunction to restrain the defendant from erecting and maintaining a fence or wall across an alleged mutual gangway; brought to the Superior Court in Hartford County and tried to the court, Robinson, J.; facts found and judgment rendered for the defendant, and appeal by the plaintiff for alleged errors in the rulings of the court. The case is sufficiently stated in the opinion.

Suit praying that the plaintiff might be adjudged to be the owner and entitled to the possession of an undivided half interest in certain real estate, and for other equitable relief, as well as damages ; brought to the Superior Court in Fairfield County and tried to the court, Prentice, J.; facts found and judgment rendered for the defendants, and appeal by the plaintiff for alleged errors in the rulings of the court. The case is sufficiently stated in the opinion.

Action to recover damages for the alleged conversion of money received from the sale of goods, brought originally before a justice of the peace, and thence by the defendant’s appeal to the Court of Common Pleas for Fairfield County, and tried to the court, Qomley, J.; facts found and judgment rendered for the plaintiff, and appeal by the defendant for alleged errors in the rulings of the court.

Action to recover damages for personal injuries sustained through the alleged negligence of the defendant; brought to the Superior Court in New Haven County and tried to the jury before Ralph Wheeler, J.; verdict and judgment for the plaintiff for $500 damages, and appeal by the defendant for alleged errors in the rulings and charge of the court. The defendant also moved for a new trial upon the ground of a verdict against evidence, which motion the trial court denied.

Action for damages for negligently causing the death of the plaintiff’s intestate, brought to the District Court of Waterbury, and thence by the plaintiff’s appeal to the Superior Court for New Haven County, where the case was heard in damages by the court, Prentice, J.; facts found and judgment rendered for the plaintiff for $3,750 damages, and appeal by the defendant for alleged errors in the rulings of the court. The case is sufficiently stated in the opinion.

Action of replevin brought to the Superior Court in Middlesex County and tried to the court, Ralph Wheeler, J.; facts found and judgment rendered for the plaintiff, and appeal by the defendant for alleged errors in the rulings of the court.

Prosecution for an illegal sale of intoxicating liquor, brought to the Criminal Court of Common Pleas for New London County and tried to the jury before Hotchkiss, J. ; verdict and judgment of… Held: upon the objection that the complaint did not give the name of the purchaser, or state that it was unknown, that the complaint charging selling and keeping for sale, must be construed simply as a charge of illegal keeping, and the verdict as a conviction thereof only.

Action to recover damages for the unlawful cutting and trimming of six trees upon the plaintiffs’ premises ; brought to the Superior Court in New Haven County and tried to the jury before Ralph Wheeler, J.; verdict and judgment for the plaintiffs for $350 damages, and appeal by the defendant for alleged errors in the rulings and charge of the-court. The case is fully stated in the opinion.

Action to recover damages for injuries sustained by the plaintiff through the alleged negligence of the defendant in driving against the plaintiff; brought to the Court of Common Pleas in New Haven County and tried to the jury before SoteJikiss, J.; verdict for the plaintiff to recover $125 damages, which the court, upon the plaintiff’s motion, increased to $375, for which judgment was rendered, and appeal by the defendant for alleged errors in the rulings and charge of'the…

Action to foreclose a mortgage of real estate, brought to the Superior Court iu Hartford County, and tried to the court, Thayer, J.; facts found and judgment rendered for the defendants upon their cross-complaint, and appeal by the plaintiff for alleged errors in the rulings of the court. The case is sufficiently stated in the opinion. I. The mortgage deed and note were delivered.

Complaint by the grievance committee of the Hartford Count}’ bar against Edwin S. Westcott, alleging improper and unprofessional conduct, and praying that a rule' issue to show cause why he should not be disbarred from practice in this State; brought to the Superior Court in Hartford County and tried to the court, Thayer J. ; facts found and a decree rendered disbarring the respondent from practicing as an attorney at law in the courts of this State, and appeal by him for…

Action to recover the amount of two promissory notes given for an insurance premium, brought to the Court of Common Pleas in Hartford County and tried to the court, Walsh, J.; facts found and judgment rendered for the'defendant, and appeal by the plaintiff for alleged errors in the rulings of the court. The notes (one for $278.65 and the other for $200) were given by the defendant, payable to the order of P. G. Gorton, special agent, and indorsed to the plaintiff.