Summaries of cases

Calvin E. Cohen vs. Samuel Liebman/Leibman

Automobile accident; Plaintiff sued for damages. The plaintiff and defendant collided at the intersection of Ayrdale and Forest Park Avenues on June 14, 1931. The plaintiff lost the use of his left arm and was unable to continue to practice law. He sued the defendant for $30,000 in damages. If Judge Ulman had heard the case without a jury, he would have awarded the plaintiff $15,000. However, the jury returned a verdict for the defendant. This is the first case in Judge Ulman's book - "Johnson vs. Robinson" - pp. 8 seq.

State vs. Herman Webb Duker and Dale Lambert

Murder case; Ulman imposed death penalty on Duker. The defendants murdered John W. Anderson, a milk man, in the course of a hold up on the morning of April 20, 1931. Both were convicted of murder in the first degree. Duker had a long history of troubles with society and the law. He was diagnosed as a "psycopathic personality," which did not qualify him as legally insane. Judge Ulman sentenced Lambert to life imprisonment and Duker to death by hanging, on the grounds that there was no institution in the state where he could be sent and cared for according to his psycological needs. An appeal was entered and new hearings were held in the lower court. Governor Ritchie commuted Duker's sentence to life imprisonment September 19, 1932. The case is specifically discussed in Judge Ulman's book, pp. 211 (220) seq.

State vs. Sherman Nevin

Bastardy case; Ulman urged new trial. The defendant, Sherman Nevin, was accused of bastardy by Frances Hook. After the trial, before the jury returned its verdict, Ulman was convinced that there was insufficient evidence to convict; both the defense and the state were in agreement. When the jury returned a verdict of guilty, Ulman instructed the defense to file a motion for a new trial immediately, with the assurances that it would be granted. The state agreed to stet the case. It is discussed in Judge Ulman's book - "State vs. Newell" - pp. 245 (254) seq.

State vs. Paul Gold, Philip May, Paul Sparks/Haines

Robbery with a deadly weapon. The defendants held up a shoe store clerk, Theodore Rock, at gun point on November 6, 1931 in the Thom. McAnn Shoe Store on Baltimore St.. Judge Ulman was unable to obtain any reliable background information on the defendants during the trial, so he sentenced all three to ten years imprisonment, the maximum sentence, with the secret intention of reducing the sentences after he had time to review the case. After receiving reports from the probation department, Ulman reduced Gold's sentence to eight years imprisonment, May's sentence to three years imprisonment, and Sparks' sentence to probation in his home of Caddo Parish, Shreveport, Louisiana, and banishment from the state for ten years. The case is discussed in detail in Judge Ulman's book - "State vs. Silver, Jones, Short" - pp. 239 (248) seq.

State vs. William Rowe

Larceny of an automobile; Charge reduced to unauthorized use of an automobile. The defendant stole a Buick roadster, valued at $400, from Wilbert Martin on November 7, 1931. Rowe agreed to plead guilty to the lesser charge and the charge was thus reduced on agreement of the State's Attorney. Judge Ulman recognized him almost immediately as a chronic alcoholic; indeed he had stolen the car while drunk. The case is discussed in Judge Ulman's book - "State vs. Andrews" - pp. 243 (252) seq.

Paul Lacotti vs. The Pennsylvania Railroad

Railway accident; Plaintiff sued for damages. The plaintiff, Paul Lacotti, was driving his manure cart over the railroad tracks at the Chesaco Park Rd. crossing on the morning of September 22, 1930. He alleged that the automatic warning lights were not working, and so he had no notice of the approaching train until it was too late. He was unable to clear the tracks in time and his manure cart was destroyed. He also suffered personal injuries. Because contributory negligence was such a significant part of this case, Judge Ulman very nearly took the case from the jury. The jury, however, awarded the plaintiff $1200, which Ulman considered to be proof of his theory of the "jury-made-law" of contributory negligence. The judgment was affirmed on appeal. The case is specifically discussed in Judge Ulman's book, pp. 52 (62) seq.

State vs. George Klein

Bastardy; Ulman presided at third trial. The defendant, George Klein, was accused of bastardy by Helen Sowers. The crime alleged had taken place in Washington County, the prosecuting witness lived in Baltimore County at the time of the trial, and the defendant lived in Baltimore City. The case was given three trials by the Supreme Bench, each resulting in a guilty verdict. The judgment of the third trial was reversed on appeal because the illegitimate child died between the third trial and the hearing of the appeal, rendering the judgment improper. There are 13 citations of this case on Lexis Nexis.

Amelia Harris vs. Mayor and City Council of Baltimore and the Park Board of Baltimore City

Workman's compensation. John Harris died on July 3, 1925 as a result of injuries sustained after being struck by a car while on duty as a park policeman in Druid Hill Park on June 29, 1925. Amelia Harris, his wife, filed a claim for workman's compensation, which was disallowed by the State Industrial Accident Commission. She appealed the decision to the Superior Court, where Judge Ulman took the case from the jury. She then appealed to the Court of Appeals, where the judgment was affirmed. There are 31 citations of this case on Lexis Nexis. The case is discussed in Judge Ulman's book

State vs. Gilbert Porter

False pretences, larceny; Case later used as basis for disbarment proceedings. The defendant was charged with 18 counts of obtaining money from clients through false pretences and was found guilty by the jury on nine counts. The disbarment proceedings are mentioned in the Supreme Bench Minutes, Vol. V, 2/6/32 pp. 239, 241,160.

Marshall Building & Loan Association vs. Philip and Sarah Asbell

Mortgage; liability of surety. "Where the grantee of mortgaged premises assumes payment of the mortgage debt, the relation of principal and surety arises between the grantee and the mortgagor, as regards the debt, so that any binding extension of time for payment of the debt, or change in the contract to the prejudice of the mortgagor, not consented to by the latter, discharged him from personal liability. "There was such an extension as to relieve mortgagors from liability for the mortgage debt, when the mortgagee, in consideration of the giving of a bond for part of the debt by the grantee of the property, who had assumed a payment of the debt, and another, agreed not to foreclose the mortgage on account of defaults which had previously occurred." Judge Ulman found in favor of the Building Association and signed a deficiency decree against the Asbells, but this was reversed on appeal. There are 12 citations of this case on Lexis Nexis.

Mary Kruse vs. Dr. Harry Kruse

Divorce case. "Where, after a long trial of it, cohabitation appears to be impractical because of husband's aversion, created by his wife's actions, and there is no sufficient promise of the removal of the cause, the wife cannot urge the husband's rejection of her offers of reconciliation." "Wife's outrageous and violent conduct, less than insanity, which render impossible the proper discharge of married life, and forced the husband to leave the home, furnish ground for a divorce a mensa et thoro to husband." Judge Ulman's decree of divorce was affirmed and alimony was slighty altered on appeal. There are 32 citations of this case on Lexis Nexis.

William Tabeling vs. Sarah Tabeling

Divorce case. "A decree granting the husband a divorce for the wife's adultery should not be rescinded on the ground that the husband connived in bringing about the adultery, when such connivance was asserted as a defense in the suit for divorce, and no facts were shown as ground for rescinding the decree other than what had been testified to before the passage of the original decree." "That a decree was based on perjured testimony is not ground for setting it aside after its enrollment." "In case a petition to set aside a decree of divorce a vinculo, rendered in favor of the husband, is overruled, the court cannot order the payment by him to his former wife of counsel fees in connection with such petition, since one who is not a wife is not entitled to such an allowance." Judge Ulman set aside the original decree of divorce and granted a divorce a mensa et thoro to the petitioner and the payment to her of counsel fees. This was reversed on appeal. There are 21 citations of this case on Lexis Nexis.

Remington-Putnam Book Co. vs. R. Lyle Schill, Schill's Book Shop

Contract dispute. The MD Free Trade Act, 1937, ch. 239, is a valid exercise of legislative power. "Anyone who knowingly advertises, offers for sale, or sells any commodity at less than the price stipulated in any contract entered into pursuant to the provisions of the Free Trade Act, whether such person is or is not a party to such contract, is engaged in unfair competition, and is subject to suit on the part of any person damaged thereby." Judge Ulman's order overruling a demurrer to the bill was affirmed on appeal. There are 14 citations of this case on Lexis Nexis.

Thomas Mullan vs. Harry Hochman