New-York daily tribune., 1857-09-05
THE CASE OF MRS. CUNNINGHAM AND
HANNAH CONIAN.

SECOND DISTRICT CCoURr-sept %-Bef'r' JsAs'
OCoNoR.
Hannah Consn aa Emma Augusta Burde sued ~ Emma q.
Cunningham.
This action is brought by the plaintiff who was for-
merly a servant of Mrs. Cunningbsn's, to recsvr
some Eve months wages amounting to about eSS, -
alleged 10 be still due and unpaid to her. Her osn-
plant was published in THE TRIDUsE some weeks 49,
MIS-. Cunnr gham's answer to the complaint y -
follows:
SECOND DISTRICT CoURT-CITY OF NEW YORK
Hannah ConOn sat Emma A. Burde sued as Emma Ca
The defendant, in D.certoh hs toro,.;,, s.v. ma.
information and henef, ths, the plaintiff heretoloso
commenced sn action in this Court against ths &.
fendant tor the came dertcel cause Of action as that
SGT forth In the complaint herein, and that said former
action was on the l4ih day Of July 1857 dismissel
ard judgment of dsn ssa rendered against said psias-
IT, ard that said plaintiff has not paid the cost 10 said
sc,io rlor to the commencement. of this action.
fIe de, 1A1t further answering denies that for 9
period Of FIVE morl.s 09 aSSu S one week a. stsseA
poJe the plaintiff, and plaintiff .aea TIE services
stated in said complaint in manner as therein s...Ss
or that plaintiff services worth the amoust
therein charged, or that this defendant has wholly
failed or neglected to pay said plaintiff; or thss the
sum tf thirty your dollars and fifty cents or any Other
sum IL due to ssid plaintiff.
This defendant, further answering, denies that sAe
ever took from the plaintiff under pretense Of keep
irg tor her any sum of money and never returned n
saIne.
This defendant further answering, says that darag
the period set forth the complaint she paid TO said
plaintiff ard paid laid out and expended for her 40
count and at her request, the sum Of $S, which ec-
count she counter-clsms and sets of against eag
claim of said plaintiff ard demands judgment there
for WV. X STAFFORD, Deit.'s Attorney.
Chg and Comfy Of Ner.Yor 81: Emms a. Bsr-
dell the defendant being sworn, SAITH that the fore-
going answer lie true of her own knowledge, except
the matters therein stated 10 on information ed
belief and as 70 these matters, the believes It TO %
true. EMMA A. BCRDELL.
Sworn before me this 2Sh day cf August R1
JAS HlLLYER, Comm'r Of Dce<1.
The came up for trial to-day.
MIR. Green, plaintiff council, asked further pest
poDemert of the matter lie said that it was his atea
tion to examine the parties to the sut Witnesses.
A motion was now perdng before bis honor Judge
Peabody TO discharge Nm. Cunningham on bad. n
che should be 80 released opportunity would tAes
be aforc ed 10 examine her rs q witness.
Judge Copor said he wished to avoid any unDeses-
sary excitement, and if MIS-. Cunningham wss TO be
brought here il would cieste considerable excsuest.
Mr. Green said that he deemed il Of the utmost iu-
pcrsnoe 10 bis client that Mrs. Cunningham should be
place upon the witness siand-
The Judge ssked why the matter should be -
presstd now Surely counsel were aware that 10 tho
present state Of the affairs Of the defendsnt, evsn
though the plaintiffs claim should be awarded, Il
could rot be attended to. He decidedly objected -
these matters which were raised for the purpose %
cram ate effect.
Mr.. Green did not wish to DO anything Of the kind,
Thee proceedings had been Instituted agsinss ME-.
Cur in gham some time previous to her arrest upn
the charge upon which she now stands committee
Mr.. St6ff.Td defendants counsel, proposed ina. 20
examr alton Of both the plaintiff and de'endsns se
taken dc Lene eSse, which would avoid unnecessary
excitement.
Mr. Green favored the idea. ,
the Judge then said that he would postpone hs
matte until Thursday the 18th inst, all CLOCK an
TIE MECHANICS BANKING ASSOCIATION.
srPkEME COURT-SsEcfAL Tes-SePt t-beae<o 1sdee
o"A " PxABoDy.
Cha. Rso.lo ast. The Meehanics Banking Associstisa
The matter of the appointment Ut receiver Of the
.s,a,s Of Inc Mechsncs Banking Association came o.
srain This morning. All the counsel who appeared
,esserdsy were present, well or two others
and seyt cepovito looking after their own ntesess
Judge Peabody said that he had come 10 the concs-
sion 70 appoint receiver. The only question wss,
who il should be- Some thirty names had been ssg-
geaed. in court, in the street. at the house Of ths
Judge, BY persons representing or less heavy IN
tereets.
Nh. Rapallo. the plaintiff, suggested the nance q
Jamts 5. WCcds ard John G. Henderson,, oosn q
whom were wiling 10 serve, were they pernsteA -
serve togethsr. The 6rst wss . lawyer 10 Geneves
vi retued fr prsetioe and took up his residesce
.Ais city about G y-sys ago. Tho secoad VA re-
tired Merchant. euinendy respectsele ssa wsaamy.
There seemed 10 be a general sstsfscooa with We
Orc posi,ios. The nance cf Joseph walker, Ed~n .,
brevn Rot 11 8. Blsirtfcri Frsse,ik I. Csakds.