New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1857-01-20
Law /NTHLLIGENCE

svFREME cOuRr-T,r,nh lE!~-J'S H-bei''' Judge
1,vou-.sr TO cEARTERERs OF vEssTLs.
VIVIAN Hs-Iand and John A l. A'Pa""l Ct a. -s' ''-n
Tbi, IL an action growing out Of charter party.
The plapt; III l8i9 chartered re baIz ETA traacis
Tor yoya~e from stinore TO Pansma, 20 carry our
cargo f 500 tuns Of coal and bring oak 800 tuns OF
CARO- Tbe muster performed the voyage 20 PaDan ne
sgreesby 10 the chaTterparty. GA his artvai at me
isthmxs the geid.feyer, which had me anime broken
aut sized ne crew, who sole his b5sts and left for
rood, and II was impossible to supply thsr places.
fha vessel .y8s consigned 20 hessrs. Ia 'hriSs0n,
NeIson e. Co. Rowland & AepinwaIs agsnt'. Inc
eOpsg proposed several eApedehH 20 ,ne In4seI
bn, az Jast agreed that be should break the charter
party pay the penalty Of $l 600 stipulated therein
sad put his vessel up to carry passengers 20 San
Franc cisco. An agreement 70 this ehec, was made
which provided that the penalty shOui1 BE- pad III
rneeie or in drafts on the owner of The Ella Fraucs a.
he option of ZachrissOn, Nelson q Co. The vessel
wac pu. MP for San Francisco, and The firm received
TIE passage money! the bAIaLGe OF %nch, eleI Ge
snsster giving them draft ON the defendants 1T zoe
resi6ue amounting 10 upward Of $4,000. AfaSato,
$4,000 OF 49, coo more psssag 9-money was received
and nppod the draft The present action Il against
the owner 10 recoverable baiH9ee OF me dreft.
me Iaen defense is that the gold fever which broke
up tie voyage was an act Of God, within me msao-
ir of The chsrterp9rty and therefore exempted t4e
ssssndspt from making the return voyage. Inc oe-
EsndaDt also relies upon alleged oIea OF 'he
Darty by the plaintiff in overlooking the vesseI a.
thortty 10 make settlement .. Panama. aud Inst me
<IeDdaut emitted % holf the chsIer-Inoney ior the
VoJsge, aid to toe passsge money. a. =, orc >,
A verdict was taken for the plaintiffs ior $1SI9 ~
subject 10 The opinion Of The Court the points raised
IN defense.
Batter, Evarts & Southmsyd for plaintiffs; Beue.
dot BUR- d. Benedict for defendant
SPECIAL TERM-Bofore Judge CLEsKE.
TTg 'uRIsDIcrr"V or TIE wARrVr CorRT-AHoTHEG
QUESTION or IMPORTANCE.
Mcpherson agt. The Judges Of the Marine Court.
The questions concerning the iu.isdiction Of the
Marine Court are not fully settled yet. Its Genera,
Tenn having by the recent decision OF the Court OF
Appeals been established on a similar footing with
the General Terms of the other Courts, and allowed
Me them, 70 entertain appeals from Judgments render
ed by single Justice, exclusively in the frs. instance
the question has arisen as TO whether further ap
peal lee from this General Term, whether il be
Cout Of last Iesort-which must be the alternative
gndtr the ruling Of the Court Of Appeals.
The present action is instituted in orde. 70 tes. this
question. IL is application for msndamus 70 COM
pei the Judges of the Marine Court 10 take the steps
General Term 30 that of the COGrt Of Common Pleas.
Mr. Coursen argued the case for the plaintiff, and
txJudge Philips Of the Marine Court for the defend.
ants.
Judge Clerke granted the mandam5s applied for;
but In order TO facilitate final settlement Of the ques
ton he did not require security TO be filed on the APP
peal TO the General Term of February The case viii
be carried up TO the Court of Appeals as soon as posi-
he, doubtless.
Many important suits and large amounts of money
nay depend on the ultimate determination Of THE inter
estng point
DECISIONS.
Olivia Phelps, &C. sst' AnsOn g. Phep' &C.
Decree settled.
The People rel Jacob fecare ag The Union bouaLs A.
ISOLATION.
Referred TO VIM. McMunsy to ascertain and report,
&c.
sURRoGATE's cOURT-JSn. 19-Before A. W BRADFORD.
TBI WILL OF AEsoN C. PHELPs-ANoTHER CoFTRo-
yERsY.
In the matter Of the will OF Arson O. Phelps, deceased
The widow Of the late Arson G. Phelps having az
hIst alone qualified as E1ecutrN OF ms WIN, fAIip
Il. Dodge, VINO was named jointly with her, now ap-
plies for letters tostamentary. The application ls op
posed the ground that there is suit pending IN the
Supreme Court for an iojuncton forbiddGg Mrs Phelps
70 proceed Executrx, being quite sed and
otherwise disqualified for active business, and Tor the
appointment of receiver to take charge OF the estate
and that Mr.. Dodge being member Of the firm. OF
Phelps Dodge Il Co., so intimately concerned
with tho assets that he ought not TO be appointed 10
bake of them.
The Surrogate minated that the statutory powers
which alone his did not suhOrize him to enter
tsn these objections, but required him simply to qualify
the executor and that if equitable relief WAS desired
Il should be sought from snothtr tribunal
The case was, however, adjourned over to Friday
seIt, some Of the parties not being present
Holden a. Thayer, for the applications f. ii. Oven
and u. u. Cutting, contra.
A QUESTION WORTH LOOKING AT.
In the Of the estate Of VIM. H. Harmed deceased
In this matter an order had been made by the Sur
rogate assigning the bond given by the administrator
on taking out letters for the purpose OF being prose-
cu.ed by q creditor. Suit was commenced and the
defendants tho administrator aud bis seties out IN
demurrer to the complaint. Application is now made
by the administrator for stay of proceedings upon the
bond. The Surrogate granted sn order requiring the
administrator to file an account Of the estate of the de-
--t-eininy tbs crAdtor
sse'sS snd In the me.uwnue zig '''"'Vi
uonl proceeding with the suit on the bond.
The case involves it will be seen, the question Of the
Surrogate's jurisdiction over proceedings at Law IN
csses arising out OF matters in his Court.
comm OF COMMON PLFAs-P.r u-JAs le-BefeIe
Jadge BRADY.
MORN DAMAGES AGAINST THE CITY.
John Parks ss- The Mayor &c, Of New York
This is another action In which damages are claimed
.ssr,t the Corporation for peon injuries saAeed
susnee of the bad condition Of the streets.
excavation made ON the premises near the Union
while IL building aud a cord
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