New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1851-06-19
superior Court TUESDAY,, JoaeI'

Henri j. McgdTH, adm. Of Dr. DHniel ".
Hogan, dccd agt. Jac)b e.. FlOfis ami Wifc-Dr H.
dledIn December 1919. leaving six children three by
a former marriage Mr. Negdry administered upon
ms estate In September 1913, Dr. II sold 10 Henry
SyphCnS some property. we believe, IN Cdnal-si TAX
ng IN part paw "a mortgage of $liOO, interest paya-
bile annually. The property Was subsequently reSod
90 Mr.. L. the defendant, sub eci To the mortgage
One wears interest was paid. and the present sult is
10 recover interest on The second year.
The defense Is that the whole amount OF me mort
gage money 81 400. less $500. for which note was
given him. has been paid 10 Thomas X Hogan ION
of late DR.. II. an Attorney a. ld"' lue terms Oh tllc
mortgage being PAYABLE IN wears. or al any earlier
period On behalf the estate u Is denied That Ihom-
as had any authority 20 collect the money, and 10 Is
ayeIrCd that II MT 4 PAID Do 10 MN ne ptld H III MS
II appearcd that while Dr. II lay SICK IN Noyem-
bcr 1919, Thomas askedhs stcp-mOiher. Mrs, H.. Tor
the bond and mortgage, That he might collect the m
terc>t beng SOS. She handed them 10 hlm ana ne
subsequently returned them 90 her with the interest
IL further appeared that al that time Thomas stated
TO Nh - that ms father was ~ want OF money anu
IN consequence. the sum OF $3.50 WAS paid him. when
he retained himself. less the amount of interest ne
handed Mrs II. This being am acknowledged agency
the question arises ON tins SUIT II 1t should nor De- sci
oil against the present claim.
IN September next. when The authority OF Ihonts 70
collect the amount VIII Pc met ana contesici-oh INC
one side II being SAID that the bond anu mortgage
were left IN his pO>>c>slOn-that ne originally dIeW
II and the ORIGINAL mOrtgager was directed to pay the
interest TO hlm-and that being an Altorney-dt- la"
he possessed IAN agency This Is denied De'>loh
reserved.
DonIeI l.. Jopes act. ". W Gilman and
otters-In tins case, referred 10 Yesterday, Nr Ben
edct for plaintiff made application for stay of pro-
cecdmgs. u beng commended that II the properly III
question had been Just mile ana an eish'h rom
Peck-slip Ferry u would have been situated I'D 10"
Inar>hy land. while now Is on hsh SIt''' w.
and that uo damage has accrued
TRIAL TLRM.
Before Judge Mason
Alfred l.. Carroll, bV AHSoR L'rHSSf0n'
us ncrf trrnd agr Thomas J. Cr0reR, and susan Ais
,.,C-T'o rccoytr damages amount land at $4,000
Tor ALLEGED assault and battery and false lmpIi>oh-
mcnt. Plaintiff alleges that Oh 2d Dee. lo0u. ne was
invited and went TO the room OF VIM. II. Mclean,
VIM II u NmmO and James Macintosh M the
boarding house 500 BroadWay-thN sad parties
occupied sand ROOM and had rSM 20 ui'lle AH1
receive their friends there-thai defendants occlp
another part OF sand house and that about ioi ocIocS
on the evening 10 question: the defendants Oy lle 4t
of pohre officers unJusiy broke ID the door OF lAe
room IN which plaintiff and ms friends were. assault
"a and caused them 20 be carried on 10 the S'tloh
house corner OF Prince and Wooster SIS, where
they were detained an night. when they were carried
before Justice McGuth, when the said susan L APP
reared and made affidavit against them. anu platinum
ANA Che other, were still further detained ana ne was
held 10 bail iu the sum Oi 500
The whole of the party. 10 appeared. were very
young men, no, yet q. occupying resPeciSoe sll1t-
mons Mr. and Mrs t.wcIe proprietor, oi the mousse
ln which Mclean and the Others boarded
Ia defense 10 IS alleged that Mclean. Nlmmo ana
Macintosh occupied a room ds oodrler> DN llc "ccN
upon the understanding that they would deuetn
themselves orderly and Qucy as ln PRIV ale fanny
that on several occasions and PARTICULARLY on Httul-
tav evening. November 81 they dcmedued tAtD-
selves in q rude. boistorous and offensive manner,
drinking LIQUOR and acting n so noisy manner mat
early ON Monday morning. beng SAID -u Dtctulei.
notice Was gwen 10 them that they could DO ioh5e4
board or remain n the house, and must eat lliiie-
,iatev. but they requested so remain. ucL "as re-
fused excert as 20 Nlmmo ami be- only permitted 20
remain on The renewed assurance tai ne "oulI 'oN-
duct himself - quiet ana orderly manner
Vet Notwithstanding this. the plalnin ana ioul
persons entered defendants house without lhei
leave. that evening. went 20 Mr. Nlmnos ROOM tIl
locked themselves ~ that the faces OF me persons
~ entering were painted or BACKED. and tney were
o,hrr,,ise disguised and conducted themselves MA
rude noisy and bO,steTOu> manner, tearing IIS gu
-alr> nom the windows. stamping on tnt oe-' eiIAA
rur ECu0r lmmotCrate-y, >p.l-us pOfloA ol u "4-
thc CARPET. throwing the empty bottles oul OF "
vlrdow-and committing other breaches ol INC
peace TO the ercd, disturbance Of other persons ll
She hOu,e-that defendants went 70 the door AllI
Knocked. but were refused admit itlce l-a' ..S!
were requested 90 leave The mousse o-i pi- 10
ZION 20 when became necessary al Ia. ~ - "a,
IN the ana of the police officers. who broAe 'le ol
.,r,n y, hen those inside blew Oui the lghl> alu ~
sisted the officers and they were finally taken 20 ny
station. house where Mrs. {. next m rniA-' a. ie-
oulre,l. appeared and stated what iad iAAe-- pa
some of the po>lilC rs are ucutd ,., i.,,,
q, is sad one or TWO OF ne Others have a-'o 0l'
mCnce1 SUIT .,.. .,..r,4 - would
seem. had their faces placAed lott>e i'-. -.
Minerals ec They had bottled ale anu I'm.
nv.i-,i,- I'M the room sang negro meiolle>' &c ou
is denied thar ;hcy made more 4'-Se ''i''' ''''
right 10 DO. , ,,, ,hst whore
1Tle Court IN answer 20 a rciiIA' s-.I 20. 80.
versions hoard by She week they nave I4sA. ~ r.
nan tbropph week unless they become dl>ofIeI
.nhich case # they are directed 10 leave ami sIe9
refuse 70 70. they become Fcsiii>sti'-