New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1852-03-29

In NO. lcI, merry lOOfntD1 a 10 IN bfoa1Hty.
ere also injured lightly by the FIRE and water In
surance as follows which more than covers losses:
Liverpool. Citation
Msrchsnts'. -----. 5000 P4clfc -.-.-...--. 30
Lvire---.------------ 9,OsVi -
The building was insured for $1,000, and was not
much injured
In No. Is3, Milhau, the druggist, sustained some
ss,sbt loss he is insured for $4,000.
The entire loss by the FIRE amounts to about $780,
900 the insurences 60 over 5000 600, and are so
divided that the entire loss OF half million falls
mon the insurance companies.
SHiPwRECK OF THE SCHOONER REAPER
AND Loss OF THREE PERSONS The pile,-boas
Yankee arrived SATURDAY afternoon from cruise.
She brags the particulars o. tire loss OF the schooner
Reaper, of Yarmouth, aass, and three Of her crew,
while on a voyage from Philadelphia, bound TO Bos-
tor. Annexed is the report Of the Yankee:
Thursday, March IS, AN, while lying to, Mon.
,suk bearing N. N. e 40 miles, the wind bio wing
heavy sale from the w n. W, saw a schosper run
uing down for u.s. with signals Of distress sying, and
ne crew hailing for relief but owing to the vio
lenss Of the gale, we could not understand their
Atuatioo. The schooner having no sails set, we
supposed them to have oesa blow away, and con-
sluded therefore, to lay by them until the weather
moderated, and then take them of but we soon saw
them lower their boat and abandon her which they
had no sooner done, than she capszed and sunk,
her mssts hardly clearing heir boat. Ia the mean
tine We wore round and prepared to pick them up.
Their leaky boat being so small, and containing i've
men, it was impossible TO pull her, with the temen
dous sea running and when within 20 yards OF the
pilot boat, she filed and sapszed The captain and
one man chung to the boat, while the mate and tine
other two began swimming We hove out our two
yawls a. soon as possible, and eRdsavorsd 10 save
The poor fellows, but only succeeded in saving the
captain and mate-the other three having sunk
before reaching them. 1; was freezing at the time
and they were very much exhausted. They have lost
everything they possessed. TIE schooner proved TO
b the Reaper, Of Yarmouth, Mass, four days from
Philadelphia, for Boston, with 4,552 bushels corn,
and 50 bbls. -four. to A Hardy. The captain states
that until A. M. Of the 25lh the vessel was per.
5sctly tight, but before A. NJ she leaked 30 much
hat 1t was impossible to free laying 70, and he
Kept her before the wind, and while scuddins he
made the Yankee. The schr. was then settling 20
fast no was fearful she would sink before he reached
hsr--if such had been the case ono would be left
10 tell the sad tory more heaitrendins sight the
writer would not not again wish to witness The
Yarmouth. The folio wing is list Of her crew, viz
Isaiah c. Kelly of Harwicn, Captain, saved FFsds.
mex Cobb of Dennis, mate, saved Isaiah ID. Phil
hps of Dennis, cook, lost - French, Of South
Reading, seaman, lost jeremiah Kelly Of Dennis
boy, lost
Phillips has left wife and two or three children
inldes,ituts circumstances. The Captain and mate
having lost everything, some assistance will be
ouired TO enable them TO purchase clothing and
their homes.
TIE ART-UNoN.-On Saturday morn
ing, in The Special Term of the Superior Court
Judge Duer animated that he had decided to dis
solve the injunction In force restraining the in
stitution from Opposing of their property, on the
ground that the plaintiff in this cause had no per-
sonal interest in such property and consequently no
right of action.
Mr.. OCon0r, counsel for the Art Union, preferred
that his Honor would pass judicIally on the chief
points in the arguments involving the legality of the
institution. A judicial officer had already pronounced
the Art Union an illegal lottery, and the President
and members Of the Committee OF Management
we're impressed with the belief tina: IL would not be
dscorous their part TO act the face Of that Opn
ion, until they relieved from all doubt by dif
jsrsnt expression OF opinion from some competent
judicial authority. They consequently preferred
not to seek the dissolution of the temporary injunc-
don, but to defer the distribution until they could
have his Honor's decision This being their conclu-
sioa q to their own course OF conduct, counsel
hoped his Honor would perceive that it was not ne.
ssssay that the order for temporary relief should DO
made.
yudse Duer said that he doubted very much
whether Il would be proper for MIN TO give such
sGaAe . ou lain t,F had
no right to maintain the action IL could not be per-
nittsd that stranger should Gle bill for the mere
purpssss of the defendant Suppose that this bill
was hled by person who had no interest whatever,
real OF fancsd, in the pro oey and that he sought
the aid OF this Court to restrain tho defendants from
distribution Of their properly, yhe ground taat
vas IN effect lottery, though the Art.Uni might
come into Court and request an opinion 70 De pro-
nounced on the main question. yet ne, Judge Duer,
hardly believed that the Court would pronounce
such an opinion. IL II satisfied that che plain
iii had no right - maintain tae suit IL should DIS.
Miss the bill Therefore, the opinion that ne might
give IN this case II the parties were not properly
before the Cout would oe exuaJudiclsi. Farsies
Aave no right TO make cause for tue mere parpose
Of obtaining an adjudication. There ~sfe, however,
some questions not argued, and ne vas unwilling 10
decide the case on points net considered
M. Ssndford-I have not learned what difficulty
-Four Honor has encountered.
Judge Dusr-Is can be explained in fe words.
The principal object Of this bll 10 TO restrain the
entbuton BY lot OF ,he pictures and other Articles
o. value now belonging 10 the institution and tue
plaintiff cannot in THIS or In any osner suit, be en-
uued TO an injunction, except appears On the lace
Of the complaint that he has some personal right or
interest which would be prejudced by the distfioa'
uon. You allegs that the plaintiff IN this case has
N interest In the property by having obtained an
esrgnmspt Of IN original subscription, and on this
Wppostion that SUCH right Of property exists, ne
ey % preludiced in some degree by the sale OF she
pictures On that ground alone II 10 perfectly clear
0ss the plaintiff rs such assignee, has no personal
interest In these pictures, and no right OF property
0at could be affected by the supposed illegal acs
vAAeh he endeav0rs to restrain The injunction must
therefore, OF coHrse, be dissolved l should have
ueA difficulty in saying on the case, originally pre-
snted iha: the pains has any interest whatever In
nn property for, waving The objection thai the
e9ieuuon IA by the terms OF the Constitution con.
nee 70 suoscrioegsand waving the objection that TIT
SNes are not made Transferable by tho terms OF the
vnsIntion, and that therefore TIE plaintiff has ao-