The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1856-06-09
supreme Court-Spsoial Term.
Before Hon. Jadgs Davies.
THE VALIDITY or THE DIAMOND BEEF CONTRACT
GONRIUrrRD.

Supreme Court-Spsoial Term.
Before Hon. Jadgs Davies.
THE VALIDITY or THE DIAMOND RHIF CONTRACT
CONFINED.
JUNE 6.-Josss Barnet us 1As Mayor, Aldermen end
Commonauy efAe CITY Of Nno York, A. O. Naag Comp
tro'le-, JOS s. Taylor, Street Commissioner, Peer p.
Hustled awd JULIUS KroshI D~dants II. II. Anderson
for Plaintiff; Daniel Ulman for Defendants Hustled and
Kroehl Mr.. Wilcoxson for Mayor &C., and Comptroller
and Street Commissioner.
The bill Is filed BY the plaintiff OF the tar payers
Of the city of New York. 10 restrain the defendants the
Mayor, &o, and other officers Of the corporation from
doing any act thing under virtue Of the contract
mentioned in the complaint and that Hustled and Kroehl
may be enjoined from doing work under said contrast
and that the may be adudged ana declared to be
void temporary injunction has been granted and the
defendants, Hustled and Kroehl, now move to dis.
solve the same their answer and adavits and the
plaintiffs move to make the same permanent It appears
28d of January 1856, passed resolution directing the
reef Of rocks, known the Diamond Reef to b blasted
the direction Of the Street Commissioner and he was
directed to advertise for proposals. and report the
TO the Common Council for confirmation By section IL Of
ration to amount exceeding $780, shall DO done BY
contract founded sealed bids proposals. which
be made in compliance with public notice for the full
period ten days. such bids proposals be opened BY
ths head OF the making such advertisements
in the presence q tn Comptroller and sush Of the
all such contracts whom given shall b given to the
bidder with adequate security. On the 18th of April,
required by the charter proceeded in the presence Of
the Comptroller to open the BIDS IL found that
n.d s1 s IL S s
$54 0o0 for and that nine persons had pro-
posed do the cubic yard II being estims led
st that time that about cubic yards would require to
be blasted The estimates varied from IS 80 the cubic
yard TO- 25 cubic yard that Of the defendants Hus ed
mates per cubic yard At price lower than the dssn
ants had Withdrawn their bids proposals. leaving the
M hss a S the ode Sa.
Hustled Kroehl addressed letter to the strest Com
missioner claiming the right under section sol Of the
diDance OF l849 amended TO amend their bid pre-
posal This section provides that no bid estimate
shall be rejected for any OF tor the person
formity With the ordinance within twentyour hours
after notice Of any such defects The defendants claim
ed that they had proposed to do the work at the low
est price per cubic yard ana survey had been had by
which it had been ascerained that less than thou
sand cubic to be excAvsed their bid in TRUTH
basis calculation was the lowest They then claimed
the right to amend their bid BY offering to do the work
for sum in gross, namely the sum Of ss5 6oo No ap
mon Council the Street Commissioner in pursuance Of
the provisions Of section 49 OF the aforesaid ordinances
adopted the 18th Of May, 1855, transmitted to
the Common Council all the said bids or proposals. and
the amendment thereto, without stating to whom he
had awarded the contract The Common Council after
investigation, came to the conclusion that the de-
PENDANTS, Hustled Kroeh were the lowest bidders snd
awarded and confirmed the contract 70 them This pro-
ceecirg on the part Of the Common Council was In my
opinion without any legal authority, as they had no
70 @ upon pOns on the osn
in conformity with the opinion OF the Counsel to the Cor
poration, that Hustled Kroeh the lowest bidders
and awarded the contract them On the 26h of JAnu
airy, 1856, the Common Council made appropriation
for blasting Diamond Reef OF $35, 60O-beng the
ON 1s Of
On the same 18th OF January apprO prAti0n having
been made the Street Commissioner entered into
Kroeh and agreed behalf Of the corporation pay
them therefor the said Of $685. 6O0 The legislature
At its last session. the 18th Of April 1885,
ing Diamond Reef $35 600. Held, that the contract
legal and valid contract binding equally the corpo
ration and the defendants, Hustled Kroehi that the
has been made and entered into in Of
charter and the ordinances If the corporation, and that
and valid contract. The motion for injunction must
be Denied with costs to the DEFENDANTS Hustled Kroeh
and the order for temporary inunc must b. vacated
THE SHIP JOSEPH WALKER.
Junius S. Lepis rs. Walter r. Jones, Thomas Bell
Charles Barnes and others The plaintiff in this
ought to enforce lien, which he says he acquired upon
as ship an w'I mad. s.d s
both ship cargo had been abandoned and one Thos
Be which provided that Bell should proceed and raise
the vessel, and . remuneration for his services,
should retain IS cent Of the proceeds Of the chip and
cargo The ship Joseph Walker burnt to the waers
eege in December 1863 and sunk 10 the water Roose
welt slip This agreement with Bell was made in Janu
airy, 1854 On the 17h January, 1854 Bell having pre-
vious sold to the defendant Barnes halt OF his nte
rest IN said contract made agreement with the plain
tiff whereby the plaintiff to raise said vessel and
CARGO and Bell assigned to him half Of the residue Of
his interest in the contract made with the agents of the
Underwriters The question, therefore, is did the
plaintiff by virtue OF the agreement with Bell, and the
transfer CT Bells interest to the extent of fourth
acquire lien upon said cargo BY virtue Of the agreement
with the agents OF the underwriters. have
not been able to find any proof connecting owners
ne NO \ y
well settled that lien could be created without
tract the part Of the Of the cargo expressed in
definite terms inferred from the circumstances OF tbs
transaction, must hold that the plaintiff by virtue of
the contract with Bell and that Bell by virtue Of the
contract with the agent OF the under acquired no
plant must be dismissed, with costs.
DECISIONS.
Ed p. Christy Joseph Murphy-Complaint dismissed
Edoard and John r. Broderick Us. Abisha Smith Com.
plant DIMINISHED without costs 10 either party.
Alfred Stointon rs. John Acknowledgement OF the
justices reversed, and denture cancelled.
7heodosioS o. FoicleT u Leacis A. Dpdu and Others
Decree to be settled ing to decision.
In The matter of the United States Trust Company, Receiver
Us. The Suffolk Bank in The City of Ntw York.-Report Of
referee confirmed as to the stockholders except Hadey
Henry Gerker and Tobias Beehler u.s. Theodore A. Buck
Iey, Amanda BennH and John Il. acknowledgement
against Buckley for the amount Of the two notes and
teres Complaint % to Bennett and wife dismissed with
james G. Dimond rs. George Dich.-Injunetion modi.
fed
The Mutual Life Insurance Company Of Neao York Us.
Samuel A,odter and ohers-Aotion to set aside
plant for rregularity denied. Plaintiff may amend com.
plant BY stating causes of action separately Judgment
for plain Ifs.
Leuis H. Meyer and Others The city Of Louisville,
Kentucky.- Judgment foradeisndauts.
VIM G.. Latham John J. Y. Westruelt-Hotion to
set ABIDE veIdct Of the jury denied.
Mary Seacart Us. james ACKNOWLEDGMENT for
plaintiff.
John Hecser and Another IS. the New Fork Balance Dock
C6mpany.-Injunction dissolved, with costs.
KicAard S. Robins u.s. The STANDARDIZATION dissolved
with costs.
Superior C0urt-General Term.
Present all the Judges.
JUNE 6-John A. Clussman Isaac 81. Merkle.-Order
Of reference granted.
Harris Wilson Sylvanus B. Salwell and Jonn
Duvo-New trial granted to Davol, costs to abide
event. Affirmed to Stillwell, with costs.
Frederick " d. Horton Henry T. Morgan.-Judge-
ment for defendant Affirmed, with costs.