New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1850-11-30

appeals from Spec1a} Term, Sc.-A B Han1e,
ct all VS.. Peter CauaRagh --Order at Special
Term reversed, without costs, the defendant to
appear and submit to examination on Eve days
nOtiCe &c.
Same vs.. same order at Special Term re-
versed with el0 costS.
Epsaftas c. Gray VS. Charles DarH-Juds.
nent affirmed, with costs.
Osdcn Ragecrfg, ct al, Us Ed'eln Wttcos and
Hrs B Simpson Ord appealed from affirmed
Josepf n. IneFeqvs Fie}.y7ck W F.aatskoe.
Judgment affirmed, with costs.
Sampson 3 MeGot0a vs.. 40, Leaeea~octh.-
Order AZ Chambers affirmed without costs
Um Watson and lrite ys.JokA l.. Norton,-Or-
der appealed from affirmed, with - costs.
CouRr OF COMMON PLEAS Pants IN DeSs
i01s on APpeGi already referred 10. Benefit in
ODD Fellow Lodges-bilry 4 Hem VS.. Fred 4
L,ombacb, end tou, others, officers and members
Of the United Brothers Lodge. No % Of the |.
Q. Of Q F.This was suit N the Marine Court,
before Judge Lynch, to recover $50, As widow OF
Frederick Frombach being amount of funeral ex'
penses allowed by the Lodge on the death of one
of its members
The suit was resisted on the ground that nom
bers Of the Society could met be sued collectively,
the Odd Fellows being secret society cannot,
under the statute, obtain charter and, Idly.
that The plaintiff WAS not entitled 70 the benefit,
the bye,laws Of the society being that if quar-,
ter's dues are owing and not paid IN four weeks
thereafter the member SO owing is excluded from
all benefits. and canuot again be entitled TO Thorn
ia OF sickness accrulug till three months after
the time OF the dues beng settled up-the de-
ceased had owed quarter and did not ray in
season to be entitled either by himself, or his
widow to the benefit.
1t appears that in June, lSi9, deceased paid his
dues, and in September another quarter was due.
He sick three months prior To ms death.
which took place in May, 1880 His dues wer0
bel ID,
In the trial in the Marine Court, the Judge
charged the Jury that the Lodge, having notified
the deceased TO attend a regular meeting ON Esd
April to settle up his arrears, and they having
been paid, and the members OF the Society having
attended his funeral, they were estoppea denying
his being member, it would be n fraud 20 &C,
cept from deceased the payment in full, and then
deny the benefits to his widow for which thosa
dues were consideration.
The Jury gave a verdict in favor OF Mrs II for
$50 and costs, and appeal was made 10 this Court.
The Court, in its decision, said, rs to the poiat
of suing members collectively that 1t is not neces.
sury to be passed upon here, as the decision must
! be on other grounds. The defense upon the mer-
its rests upon the neglect of deceased in paying
his dues, and the consequent forfeiture oil his
! right to receive the benefits.
If the paiutii is entitled TO recover at all It is
on the contract between her husband and tho
lodge to which he belonged-the lodge had Alright
| to make bye.laws, and to require their being full
]
to those bye-laws the payment on Esd April did
not entitle Helm, during his sickness, or his wife
atterhis death, to any payment from the Society
Judgment reversed.
Hha1ageQf oyster heats al dnlkhead.-DaV'd
Jaqucs vs.. Benz. Deckr-Thls was a case at
same Court, also before Judge Lynch, Plaintiff
is lessee of public wharves, aud brought action
for wharfage of defendants oyster boat, which
Law nj the bulkhead in the slip between Fulton
and Dey.sts at the rate Of 30 cents n day, for
1913 days, amounting to @99,90. The defendant
contended be was liable to pay buthalt wharfage,
under the ordinance of the Corporation desgna-
ting the wharfage OF boats, between and 20 tuns,
at 30 cents day, and half wharfage when made
| fast to another vessel, &c. He paid 800 into
| Court to abide the issue.
The boat is one of the covered vessels, square
Mt both ends, permanently kept IN the slip Tor the
sale of oysters she lay about the middle OF the
pier head, and fastened to it, and the mode was
| 70 receive cargo at one end OF the vessel and dis
poseNt the other
Much testimony was taken by Judge Lynch as
to the custom, &c when he gave judgment IN Ia.
vor OF plnintitl for Sg9,90, beng full amount ana
costs, and appeal is made.
The court considers the boat liable to full whar-
faye, she lying at the wharf or bulkhead, which
is conceded to be the same, and to De lableto only
halt wharfage she must lie outside of another YES
sci Judgment confirmed with costs.
Lladii3tg II Steamboat OWAcfS as 10 Baggage.
l. Ach, IN Marine Court. 1t vas to recover OF the
owners OF the steamboat Columbus S25,53, being
value Of trunk and contents lost By son OF PLAIN
TIT, in lslI (sUed within six years. who took pas
sage in the boat for Albany 1t shown that
the son was on plaintiff business, went on board
the boat an hour before the time Of departure had
his trunk aud n hat box, asked at the Captains Of
fee where he should place them to be safe, and
was answered let one OF the hands take them
inquired OF person who appeared to be so, who
showed him a large pile OF baggage and told him
TO place them there, which he did Went on shore
OF an errand, and on returning about half an hour
afterward ascertained the trunk was gone and
could not aiterward be found. verdict was
given in Marine Court for 1858, which included
SIP in silver said to have been, at the time, in the
trunk
The Court, in it's decision said the proprietors
of steamboats, are bound for the safekeeping Of
baggage Of passengers but in that term is not
included merchandise money which may be IN
trunk
Judgment affirmed deducting the SD in money
the Court considering, which was a point in the
appeal, that the father had right to sue for the
baggage owned by bin or his son, the being
engaged OF the fathers business
OB1iea vs.. Kennedy-Action also before
Judge Lynch.-It was by a man who kept fruit
and cake stand at the battery, opposite Green
wichst. against one of the waters at the public
house opposite, to recover damages for assault
and battery in squirting Croton water at him
through small street pipe, and causing the mud
and dirt to fly over his table, and injurc what was
on it, &c The ofiense had been repeated three
distinct times. The Court gave judgment for
plaintiff for $50, and appeal is made
This Court stated that the Marine Court haa
jurisdiction as injury to property but not as to
assault and battery, which throwing water is as
much as blow except in marine cases. The
proceedings do not show what proportion OF the
$50 is made to each judgment reduced to noni-
nal damages
Boyer vs.. WaIiQms6mg4 Ferry Company
Also from Marine Court, in suit for injury dur-
ing the night OF December 18th, ofghter j, Clark.
lying at the end OF Peck Slip pier Judge Lynch
gave judgment for plaintiff of 500, and appeal
made 1t was question OF fact for the Court be-
IL % To uhether from the testirnnnY the in.