Banigan v. United States Rubber Co.
Supreme Court of Rhode Island · 1901-03-05
This case involved a lawsuit by the plaintiff, a former president and executive committee member of the defendant corporation, seeking unpaid salary for both roles from April 1895 to March 1896. There was no dispute over the executive committee compensation, but the parties disagreed on the president's salary, with the plaintiff claiming $25,000 annually based on the prior year and the defendant arguing for $10,500 as fixed by the directors under a by-law authorizing them to set salaries. The court found that the directors' reduction was influenced by hostility toward the plaintiff and his management policies, rendering it an unfair and dishonest execution of the by-law rather than a binding determination, especially since the plaintiff's duties had not materially changed. Accordingly, the court awarded compensation at a rate of $11,500 per year for the period in question.
business & regulatorylabor & employment
Gallagher v. R. I. Hospital Trust Co.
Supreme Court of Rhode Island · 1900-05-28
This case involved a bill to construe the will of Rhoda Newcomb and distribute certain trust funds held by the Rhode Island Hospital Trust Company as trustee. The will created a trust lasting until the death of the last surviving child or named grandson, directing the trustee to set apart specific sums of personal property for the testatrix's children and grandsons, pay them the income for life, and distribute remainders based on whether beneficiaries died with or without "issue of their bodies" or "heirs of the body," with two codicils modifying residuary dispositions and certain survivorship rights. The court construed the codicils as affecting only income interests and interpreted "heirs of the body" in the will as equivalent to "issue" or children rather than in a technical sense creating an estate tail. This interpretation rested on the testatrix's interchangeable use of those terms throughout the documents, the limitation of the codicil language to legacies and bequests in the original will, and the parties' long-standing practical construction of the instruments.
property
R. I. Hospital Trust Co. v. Babbitt
Supreme Court of Rhode Island · 1900-05-18 · cited 5×
This case is a bill for instructions regarding a trust created by the will of Moses B. Jenkins, under which the trustee must pay net income to life tenant Anna A. Babbitt and distribute the principal to remainder beneficiaries upon her death. The trustee paid special assessments levied by the City of Providence—one of $634.90 for a Canal Street layout and extension on improved property and another of $1,048.15 for sewers on unimproved lots—and sought direction on whether to charge these to income or principal. The court held that the term “assessments” in the will referred only to current or temporary expenses, so the Canal Street assessment for a permanent improvement must be apportioned between the life tenant and remainder beneficiaries according to the relative values of their interests. For the sewer assessment, which the trustee had already paid from proceeds of a sale that formed part of the principal, the court found the payment itself constituted an equitable apportionment because the life tenant lost income on the sum paid while the remainder beneficiaries received the benefit of the improvement.
propertytaxes
Harson v. Halkyard
Supreme Court of Rhode Island · 1900-05-16 · cited 1×
The case involved a dispute between two parties over the use of the surname "Harson" in their business signs, labels, and advertisements, with the complainant alleging that the respondents' use caused customer confusion. The court decided to dismiss the bill, ruling that the complainant had no valid claim. The core reasoning was that individuals cannot claim exclusive rights to their surname as a trade name or trademark, and the respondents' materials were not deceptive beyond the shared name, which they were entitled to use; any confusion stemmed from the name itself rather than other similarities.
business & regulatoryproperty
Banigan v. Woonsocket Rubber Co.
Supreme Court of Rhode Island · 1900-05-04
The case concerned procedural rules in a civil lawsuit involving set-off claims, specifically whether a defendant could file a rejoinder pleading the discontinuance of an earlier action in response to a replication asserting the pendency of a prior suit. The court held that the defendant should have been permitted to file the rejoinder and granted a new trial with directions to allow it. The core reasoning was that a preponderance of authority treats discontinuance of the prior suit as a valid answer to a plea of pendency, regardless of timing, and that the trial court's discretion in permitting amended pleadings was judicial and thus reviewable when it affected the defendant's statutory rights. The court rejected concerns about an endless chain of pleadings, noting that the pendency of a subsequently filed suit cannot be pleaded in surrejoinder.
procedure
R. I. Society for the Prevention of Cruelty to Children v. Hueston
Supreme Court of Rhode Island · 1900-04-23
The case was a petition for a writ of habeas corpus by the Rhode Island Society for the Prevention of Cruelty to Children seeking custody of a 16-year-old minor child based on a 1898 municipal court decree that awarded the society custody until the child turned 18, along with an agreement that the respondent would send the child to school and to church and Sunday school to raise her in the Roman Catholic faith. The respondent had not fully complied with sending the child to school or church due to the child's health and reluctance, though she had provided some home instruction and religious teaching. The court denied the petition, holding that the welfare of the child is the paramount consideration in such proceedings rather than the prior decree or agreement, and that removing the apparently happy and contented child from her home for the short remaining period would not promote her interests, while noting the respondent's ongoing duty to provide education.
family lawreligious liberty