New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1850-12-14

195, 20, 10, 79s, 300, 5Q2.
SuPRENr C0uFr-Gsuer0i Ternl--Belore
Judges Edmonds dwards and Alschell.-M s.
AfysrS vs. James Ge,nReI-Mr. G is owner Of the
large building northeast corner of Broadway aad
Reade ct. and also a space 40 feet adjoining on
Reade.st by 40 feet deep. On latter he is erect
ing very high buildings, 10 cover the whole space
of 40 feet square.
Mr.. Myers alleges that IL February 1919, Hen.
~ Durell leased the corner building of Mr. Gem.
mel for seven years. at $500 year. and after
ward sold the lease to him III. on a consideration
OF $500; that said II. then expended 5000 in fit
ting the said premises up and has let the different
stores, Easements and apartments to about 90
tenants-the building being five stories high, and
having a front of "a feet on Broadway and 63 feet
on Reade-st; that the building forms an L, leay-
ing an area or opening not built upon q feet BY
49, into which area there are rear windows from
the Broadway and the Reade-st. side that at the
time Of giving said lease, Alr. aemmel had two
ANAL buildings, 90 feet deep each, on Reade-st.
adjoining leaving 90 feet in the rear for open yard
room, from which the area at this corner was di-
vided only by fence, leaving the rear Of the
Broadway part of the building open and light on
that side and that the next building in Broad
way. being 292, owned by Mr.. De Forest, was
also of but two stories and not deep, go that
nothing bat fence was in the rear OF the Reado'
St part thus rendering the light and view in the
rear OF the corner building, both on the Broadway
and Readest. sides open.
II is further alleged that Mr.. De Forest, within
short time, has taken down his small building and
put a very extensive ediGcei running deep to the
rear Of his lot that the rear OF the side is built
against the area or yard OF the plaintiff building,
rendering the rear of the Reade st. side dark,
being but % feet from the windows.
The ground of the present cOmpla amt Is that hlr
Gemmel after giving said lease Of the corner, re
moved the two small buildings owned by HIM
in Reade-st. and commenced the erection OF very
high buildings and on the ulldepth of his 10 feet
LOT, the small area or ward the high wall Of the
De Forest building and those erected by Mr. Gem
mel completely enclosing it n in addition to
which Mr. G.. is putting windows from the side OF
his new building into this area or yard, which IS
stated 10 feet toward Broadway by % feet toward
Reade.st also that the portion already carried up
is 10 feet higher than the building causing
the cbimnies to smoke and % ofthe rooms, which
were lighted from the rear, are SO dark from this
new building of Mr. G. that they are nearly IN
tenantabe-that in Cxcayatlng torthe cellar OF HIS
new building MIR. G caused the corner house to
crack, and also broke away the out oiosets, tor
none Of which would he allow any reParation nor
desist when requested so to DO.
Tie present application made Tor inIunc-
! ton TO restrain alr. g. from further proceedings
with his buildinga-also to take them down to
the hielt of the two story former buildings, aud
pay compIanantior the damage already done hlm
The Injunction restraining MIR. q. from further
proceeding in the buildings vas granted and a
melton to dissolve the Injunction, oterward re-
fused by Judge Edmonds, who held that land
lord after leasing property has no right Inlnre
it. during the continuance of the lease, by erect
| ing high walls to exclude light and air, sc. Tho
! present is an appeal rom that decision. Messrs
A. Mathews and E. Sanford appear for MIR. NJ.
and Messrs. Conner and Livingston Tor Mr.. q.
| Argument was heard
~ psf i1.to po;pa MIR
earet Morris vs. 4 Bromer and 0tbcrS.-To recoy.
er damages for alleged nuisance By livery stable
of Mr., b in the upper part of Broadway already
referred to. The Jury in this case were out all
the afternoon OH " ednesday aud the greater part
OF w ednesdav night, without being able to agree
upon verdict. and were discharged. They stood
ii to l. il is said in favor OF damages for plaintiff
The dissenting Juror keeps a livery stable up
town.
Before Judge Sandord,-DJem, johnson g.
Co. VS.. Samuel T. Ar8lSroag.-To recover
amount of two notes for about 5000 already re.
ferred to- the defense OF which was that the notes
were void by reason of having been given TO COM
promise a felony, but for plaintiff contended to
have been given IN payment OF memorandum
check given in plaintiff name by person author
lied as bis agent, &c which was denied. The
Court charged that if it was any part of the con-
sideration that plaintiffs would not prosecute the
Young man who got the money, ION security CT
Harlem stock, with surreptitious power OF trans.
Ter Of third party, in whose name it Stood the
transaction was void and plaintiffs cannot recover,
The Jury found for defendant.
US. DISTRICT CouRr Before Judge Judson.
Hugh gFt5ttel VS. BRITISH lark Ciarmce.-The
c. was sold at auction at che Exchange, by order
from this Court under bottomry bond. Mr.. w.
bought her for $500, paying $40 down, as re-
quired by the terms. The present application IS,
that the sale be rescnded, and his money restored
-, Il
stated her to be copper fastened, whereas she is
iron fastened, &c. On the other hand 1t ia aver
red, that Mr.. W had an opportunity to examine
the vessel also that he wished to rescind the
sale, because she had not an Am register &c.
which were denied. Decision reserved. For
complainant, Mr. P Hamilton For defendant,
Messrs ]. I Doyle and 3. Byrne
CorRr OF CoNNos PLEAs-Before Judge
" oodruf-Ju75a T4yn5Q1vs. TEos. S. HQm51in.
Disputed claim 10 recover salary and proceeds Of
benefits as danseuse at the Bowery Theater. al
ready referred to- Ysrdict for plaintiff $50 81,
being amount
Jotn ". Ha5Jsl ys. TIE CITY Of Ne,e. Yord-
To recover for medical services among the poor IN
the Sixteenth " ard, during the excitement o. the
Summxr Of l849, the right TO which is denied
Tie Jury found fer plaintiff, s97 IS being amount
For plaintiff, Messrs Austen Campbell for de-
te.ldant Mr. Henry Z. Davies.
D01rd ard iolfs vs. HanH0ran.-To recover for
alleged assault and battery on Mrs. D. by deten-
dant in August in Twenty eighth st. The case is
still on For plaintiff Mr. Bryan; FOR defendant,
NJ Shafer
SusPESsIo. BEmGE.-We understand that
John A RoebLng, Esq. OF Trenton, y. j. distin-
guished civil engineer, has been appointed by the
Niagara ais Suspension Bridge Company TO
arg anI improve thu Suspension Bridge in such
manner rs 10 render it fit and proper for the
passage Of railroad cars. Mr.. 4. will commence
tbr work thus assigned hin. IN the coming spring.
ard comp,at5 i within the year. The undertak.
ing IS in correction with tn Rochester, LockpoFt
ana Niagara Falls Railroad. the construction of