New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1857-04-14
srpAyME COURT-SpEcfAL TERM-APRlL lo-Boiore
Judge CLERkE.


rl;s yres nm action against the defendants propr
ofthe Ferry, under section ~ Of he az
lS reayr to tts or keep Keepers Of fIIir The pana
seS INA, Of y, So%mbcr is to the 2 Of November aud
IS for each day of such time IN accordance WITH Tue
Defendants demured the ground that the complainant
Irs LongTorthy sg Reuben Withers, et al
CIERKE J.-Even il the act of 1913 applied 10 the
present system frage do not think the complaint could
fes TO post certain notes &C. does appear su
6ceny at least to maintain penal action thst the dlrnds
enough say that they operated contod or used the
s i al. %bon DONG it The capacity of or
keepers They might have established INC Terry as essees
necessary carry they might have undeTet the whole
to who would in that be the real keepers OF the
But am Of opinion that the of 1918 applied to the fry
system then ertng 1t evidently intended for sailing
boats and bsrges comparatively small vessels and which have
been entirely superseded By the seaIerresa method OF
different rate charges removing any apprehenson of
that kind of mpoons against which the act Of 1918 was in
This is therefore no. question whether this is repealed
apply 70 the present state things The Of 1914 enacted
for the regulation Of steam ferries provides different rate Of
applicable abca and barge ferries Cst secton and con
Ans provision requiring fernaers or keepers to post the
John Heoker ct oil agt VIM De Groot ct al.
CIERKE, j. The defendants are sued for damages,
sccsoned BY fraud committed by them It nat:Is mot in
what capacity they acted with whom they cooperated They
saS this admitted BY the dqITer indeed
iry he personally liable for the consequences but when
he knowingly in unlawful course whether ar MS
swn immediate benefit not he cannot Liability by
saving he acted agent The amount Of damages IL
subject of demurrer This is 10 be determined at the
anal.
Demurrer oveIrued with liberty TO in twenty days
o. payment Of costs Of term. - $50
CLERKE jim an action Oh a contract, all persons
who have Joined should be made party defendants and
the conondcr be taken advantage Of when the defect does
not appe the Of the complaint by answer as II Tor
mery could BY plea in abatement But In an action
for foreclosure of mortgage although many beside the
ortgager or his cocOntraors whether principal uties,
are parties yet do not with defendants coun
ton without making person defendant with whom the
entered into written contract 70 convey the
premises But although indispensable, think proper;
and as IL possible enhancement happen 70 tine
defendant shaw If Go should not be joined with him. and a.
fhe gives jurisdiction In this respect will
direct that be made defendant before the deternns
fion Of Order accordingly; cost abide event
BENJAMIN Tibbits jos. Blunt ct el
The pleas are defective but, according to the sug-
reson plaintiff counsel let the complaint BE- dmsed as
against Ward Glover Same order as III case Of defendant
Blunt. No costs to defendants .
Before Judge MITCHELL.
Sarah f. Harrington VS.. Isaac Harrson-Jddgm
ef Divorce. $1,000 O.,
In the matter Of the application Of Antoine Veer General
Guardian, &c. III,
The will makes the trustees send for the chddren
also after death of Mr. Necr and 10 transfer to them that
10 when then, the guardian receive more
Than the II he could he should give security
The should be produced and the death OF MI v proved
Before Judge RoosEvELT.
ABIGAIL Dodge agt. Josiah Dodge ct al. Judgmentfor
plaintiff