New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1857-01-22
Id " INTELLIGENCE
SUPREME coURT-cracvrr-J,x sl-Befo,. Juds.
DAvIES

| Thos Brown -. John Howard TIL.
This s action Of assault and battery brought by
the lead waiter at the BOndst-eet House against g
bosrder there. Damages to the amount Of $4,000 are
claimed The facts ont Of which the action grows took
| place or the 3Oth Of December, 1854.
The defense is that the waiter was nsolent and in
pertrent ST dinner. and followed the defendant be
went TO the office 10 remOnstrse in an insulting man
ner In company with two other wsiters; and that the
defendant fearing aPersona assault took measures to
| protect himself
II sppeae Ell on the trial ths the defendant committed
technical asssut If nothing more. One of the wit
stated that he took up chair and threatened the
plaintiff smother that sn actual blow was struck.
The Jury were instructed, that, II provocauoi " IS
given and time elapsed 10 allow the party passion
10 cool before the assault they should give only nom
nal dsmsgee Otherwise, they should give Sufficient
10 cover not only the personal Injury, but wounded
honor, &c. Verdict for plaintiff for sl25; allowance
| 10 per cent. I.Judge Philips for plaintiff ID. b.
Wheeler for defendant.
Before Judge ROOSEVELT.
Nicholas Brown and cAS9Se BLOWN rs "1's' az James
This An action against the former proPretor' OF the
In MAY, is5i sir. Brown stopped that house guest,
iemHed through the month Of June On the nta OF Jane
geo and The other s7o which s,oleu she alleges
the bureau drawer in her absence =, -
.,tTTss s' ,na cbs 70 he 1dy owH negligence
TIE troof pec.nt q prove the loss OF Of the
rings showed carees,ness on the part Of
the plaintiff in pscss the rings IN bureau IN the room ocl
e.sthey having keys enter in the performance OF their
The complaint d.mi..ed Berry Lawrence for plain
IFS ClsIi Cornwall and T. smth for defendants
SPECIAL TEsx-In. ,l.-Bcfore Jadse DAVIES
THE JoHS.STREET CHURCH DIFFICULrr-AN INJCSC-
rIoS on THE SALE GRANTED.
D. Wyatt; ard twenty az others Az B. w Benson ct al
The plaintiff on behalf of themselves and otser
members Of the Congregation and Society Of the Fist
Methodist Ep'copa Church. pray that the defend, ants
NAV be- restrsnt from taking any further proceedings
for a sale Of the John-street Church.
The complaint goes over the whole history OF the
I,ht hxt- tha Mt
TO the award of Bishop Simpson, and the order made
at Special Term coDhrmatory thereof, from which al
sppesi 10 now pending.
The plaintiffs further state that large majority Of
the members and corpOrators of the Society and the
legally elected Trustees opposed TO the sale aud
al and that the present plaintiffs were not par
ties to the prev actions or TO the submissions made
10 Bishop SIMPSON and are, therefore, not pound Dy
| bis award or the order made thereon
The defendants deny the allegations OF the complaint
| From the numerous adidsvts that were readit is
apparent large majority of the congregation and
members of the Church are and have been, since the
first Institution OF the proceedings for that purpose
opposed to the sale ana removal OF the church from
| John street to Madison square.
p Y Cutler and l.. >. Chatfeld argued the case for
| the plaintiffs and f. ). Fancher and j. W. EimOnds
| for defendants.
Juoee Davies rendered long and elaborate opinion
this morning. in which be cites the provisions OF the
general act for the incorporation Of religious societies
so far as they apply in this CASE and quotes from the
opinion of the Court of Appeals, in Robinson sgt
Bullions Il Herman 2i3), as embodying the law on the
| first queetOn raised.
THAT Gaze holds that religious societies and not their
trustees constitute bodies corporate under tina act
their members being the cOrporatoss snd the trustees
merely the managing officers OF the corporaUon; ana
that the whole act shows that It the intention OF
the Legislature 10 place the control OF the tsmpola
affairs of these religious societies IN the haads OF the
majority OF the cOrpofators, independent OF pdes' or
bshcp, presbytery synod, or Other ecc!esiscs judi
caiory" 2Kents Comm 81.
= On a review OF the law II Is further he'd a. n
better opinion, that no religious corporation could,
while the Office of Chancellor existed sell real estate IN
ice thout his order, now, without gu appca-
ton to the Superior Court, made by TIE c0rP1rGst0H
That the order Of the Court giving its consent " the
safe OF The John street Church having been made on
the petition Of msority Of the Board OF Trustees IN
pursuance of lt.outon adopted At such Bosrd which
Is 10 be regarded nothing more than the opinion OF
a certain number of the corpOrators, can have been
| made only the assumption that the petitioners di
represent Il views OF the corporation, and therefore
furnished sufficient authority TOT granting lhe CONSENT
| given.
That the order being still u. per- and uneAecuted, no
rights having been acquired under H. IS under the
control of the Court whose duty 1t clearly 10, ~ IL
now apparent that the 10 IN opposition 10 the
views OF large majority OF the Corporasors, 10 WITH
draw such Coz nasmuch as theCourt has no power
10 direct Corporation 10 sell III properly sgslnst ts
| will Vide matter OF the Reformed Dutch Church, 10
Barb 2il decided by Judge Harris IN which he says
that the majority Of the associates 10 religious copo-
ration should IN govern al matters OF common H.
teTest ,
Ii il further held that the question to whether the
| church -hould be cold not competent for any
tribunal. other than the Supreme Court 10 pass upon,
and that DO arbitrator say whether slch real es-
tate shall be sold or lot II rests solely ~ the dlsce
ton of the Court which cannot delegate 1t TO any one
| eke. That therefore, Bishop Simpson award snd us
confirmation not binding upon the plaintifs, ana
Present no obstacle to the relief which they ask
| The Court therefore concludes as follows
"Ibe consent Of this Court the sale OF the church,
given on the application OF portion OF the trustees
ard not sanctioned by majority OF the Corporation,
shosd be Withdrawn and revoked, and An lnluhctlOn
should issue TO restrain the defendants rom taxing iur'
| Their proce edDgs 10 relation to the sale. 49,
Tie Court goes TO express s regret al me oIIet
state Of cling existing the Society, and ends Win
piece Of good advice TO al parties to settle me dnl-
Guilty anieably by striking some compromise between
| John street and Madison square.
| Before Judge CLEEzE
| THE coSTROLLERsHIP COSTksT N0T OVER
| The PEOPLE ex rel john 5. Giles at. 4. { Flazz -
This ia a motion 10 open an extra allowance % $40
made 10 defendant and for reta1a OF costs II tos
cause which is the famous controversy win regard 70
the Cor troe rsip. The allow as made Oy Judge
Csrke on az argument mad before him by consent, IN
| December lsst. The plaintiff claims tnat ne had no
notice of the taxation Of Costs end that the consent
given BY the Attorney General 70 me nearing VI INC
lotce for an allowance binding upon the reia;or
and that the allow is altos ether dsproporoned 70
| tAe value OF the property In suli
good deal OF bitter feeling appears TO exnt oe,Teen
the Tesnectiye council the counsel tor Mr. TILES as
sertipp that the Jury which tired the cause was com
posed of men opposed 10 him IN politics. aud toe couu-
eel for NJ Fsgg charging fraud, &c upon the other
| aide, ,,c.,-.
Motion denied without coe6
WIN. II. Chester at As Gardner
Motion denied without costs.