Article Text
CASES IN COURT. Horace A. Kimball Wants a Receiver Appointed for the Franklin Bank. In the Supreme Court this morning Franklin P. Owen filed a demurrer in the case of Horace A. Kimball against the Franklin Bank of Chepachet. This bank has done no business for about twenty years, and Horace A. Kimball, who held four-fifths of the stock, thinking that it was about time something was done, petitioned the Supreme Court for the appointment of a receiver. A petition for a new trial was filed by the plaintiff in the case of Samuel Lind sey and wife of Bristol against Charle F. Simmons. This was a suit to recover for tresspass and ejectment. Before Judge Wilbur and a jury a phase of the suit of Thomas P, Smith againet Henry T. Smish was heard to a question of equity, to decide whether or not a partnership ever existed between the plaintiff or defendant. The following rescripts were handed down this morning: Michael McDonough against the Merchants' and Miners' Transportation Company; "The court is of the opinion that the, declaration does not set forth with sufficient particularity and certainty the facts upon which thealleged duty of the defendant to maintain a rail or guard about the hatchway of its steamer arises. Demurrer sustained." Job Booth against Russell G. Arnold. "The contract sued on being under seal the action should have been covenant instead of assumpsit; judgment must therefore fle for the defendant for costs.' Welcome B. Darling, administrator, against the New York, Providence and Boston Railroad Company: Defendant's petition for a new trial denied and dismissed." The plaintiff, as administrator of the estate of James W. Pemberton, who as brakeman was killed by the cars on the defendant's road, secured a verdict for $4,000, and the defendant petitioned for a new trial.