New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1858-02-08

This was action brought Oy ~, n "a NJ. the
Individual cspacity and az taI-pHyti, % Ia
scrno,s,on The Commission Of tae sinking Fued'
AmbTose C. Kngslend James , mayer ana otu+ 10
The plaintiff alleges N be con- ~ ceTtso land fronting
an West street and adjacent TO Bank street, h,o 20.
been mortgaged by him for si2,VoV anu I'm s ne
.ra,on n he wear 1896 became the assignees OF the
.nortgages That in 1867 the Legislature passel an
nc, making the exterior street OF the CITY the ih1-
teen,h avenue instead OF Mes' &c. gl'tHs nd the
Tbiiteenth avenue and providing that the propHetors
Of the lots fronting West street should have the pre-
empye right all grants OF the land un Ter wa'er IN
hont thereof 10 be mad. by the Corporation In lel|
tAe Corporation forec,osed their mortgages, and De
came the purchasers at the sale. La i1i the p&n'h
applied for O grant Of the land under water betFeen
West street and the Thirteenth avenue in front o. the
property formerly owned by him. on the GROUND Una,
She preemptive right, having been given after the eI
ecuon of the mortgage 1t did no; pass by the sa VI
Plaintiff also alleges that in 1852 the Commissioner
Of the Sinking Fund directed grant 70 De MADE "
one Schmidt; that after the grant mad been approved
by the CORPORATION Counsel and signed by the CLERK o.
the Common Council, il was altered by s1bsutuihS
the name of defendant Durfee FOR mat OF Scn,mdl;
that Durfee was a clerk in the store OF Mayor hhgs-
lapd and 80 bsequeny conveyed property 70 the de-
fendapt Sutton who was the partner OF kingsand
that Sutton conveyed 70 james :. Jhayer, then the
Public Administrator, and said Thayer conveyed It the
" defendant Story; that the alteration in the original
grant fraudulent, and tue subsequent convey
voidj that Kingand was interested IN the grant
and that Kngsland and Thayer being officers Of the
city could not be Interested III any contract or agree
Inent for the sale Of city property. Plaintiff prays
that the grant TO Duree and other conveyances may
be cancelled, and that grant may be made 10 HIM OF
the property of the usual rates paid for water grants
and that if the Court should be Of opinion that he 70
Ao entitled TO the grant that Story deliver Possession
OF the property TO the Mayor &c.
The Corporation and the Commissioners Of the
Sinking Fund demurred to the complaint on the
ground that two causes Of action had been improperly
Inserted therein and that it did not state facts suf
eent TO constitute cause of action.
Judge Roosevelt decided in favor OF the Corpora
he NJ al
and the case now came up for argument upon an ap-
De- taken from the udgme rendered in Judge Roose
velts decision. Samuel A. Foot for the plaintiff 4.
*. Lawrence, r, for the defendants the Mayor 81.
SUPREME CoURT-spreIAL Trs>i-Feb. e-Befors Judge
CLERKE.
DECISIONS.
John H. Foote agt. North Western Insurance Com
tIsa, cost. entering udSIhc1t and + costs Of tb motion
George T. jackson agt. Henry De Case. Motion
granted without costs to either party
NJ L. hcCready, ct al, agt. Albert r. Bass, ct al.
Morris l.. Samuel agt. Edwin NJ Dunn. Oder |
Peter jackson, ct al, agt. Alfred H. Griswold Mo-
Charles p. Kirkland agt. Henry S. Falls. Motion
In the matter Of the petition of Thomas McCabe,
81 al Prayer granted and order Of reference to A. C. Robertson
torrance Davis agt John b. Murray, ct al. Re
fged TO Charles A. Peab'dy' EST, to ascertain, &c.
Elizabeth Ponis agt. James Ponsi Divorce
F'u
sUPRRIoR CoURT-srrcIAL TERa-Feb d.-Bsiors Judge
sLossoS.
DECISIONS.
Cauldwel et al agt. Taylor.-MOtion granted, I'M |
sss withn ten days service Of this oSdo defendant
withdraw the demurrer answer i'usby ssd pay $40 costs Of
Pcet ct al. agt Fitch.-Judgment for plaintiff on
schaddo egt TlYP a. 5s yi e. sos ,s'% ssT.
'''Sy to payment e S2ai; o. rHfT"fsbo
President, &c, of the State Bank OF Ne"-Bruns'
wick AIT samuel Meuler ct e..
c. b. Burrell agt Jacob Vanderbilt, &c.
Jacob Eners agt. Rutgers Fire Insurance Com
r.nyIn .he above jud sneut affirmed with costs
9. D. Carroll agt. james Buchanan, @c'-order on
Charles BonitO agt. Thomas MOsquera, &c.-order
''Eictor p. Conciderante agt. Albert Brisbene-De-
rnurrer sustained plaintiff have leave 10 amend On una
terms
COURT OF GENERAL sEssloNs-sEs 6.-Bef'Fe Re
To-day being sentence day. it wa devoted eHHlu; |
.,ey TO he d. position Of prisoners Charles Coskoy and
srand larceny anned for sentence These parties were
Indicted Tor stealing express wagon horse ana
store in Nassau fhe express the property Of
saIdwsSe directed Dire TO houses in Lowell and h1phi The
the bold and adIoi' being committed between AVID
,teepens stolen to James Bingham Of BAKER street where
Were subsequently found The horse and Obtained
* ssooEdI d i n should s s on Williams
than COskey in considerations his voluntary ohe u assist
s for HT Tepens the stolen goods Williams ala. Hare
Wa theecpon the State Prison for aud
four months and COskey sentenced 70 the Institution
foT three years and eight months
Thos. Carroll, quite young man, indicted Tor bar
degree and wa: seHccG oe STATE Prison or th yeac
two months His mother who in the back part Of the court
20 Gai'S St 'R had Hs' y 'G az m BY
ofeer,.
Henry Hermann, German, and keeper of lager |
beer saloon IN the Eighth indicted for assault sud battery
with kill tId duus the week and Convicted
Of assault only He sentenced to the Penten'ay Tor ely
MONTHS
Augusta Nerges, German, pleaded guilty TO forgery
assng counterfeit money! in the fourth degree The Recorder
accused had offered the bill question without guilty latent
and had che been tried by Jury she would have been acquitted
Judgment therefore suspended.
james Bingham, the man convicted OF receiving the
goods stolen by Williams and Coekey then sgned and
Of the verdict against him be sentenced the State Prison
fort four years and eight months
Henry Watkins, respectable-looking young man,
with intent rob- and in consideration undoubted good
shais hitherto Of the accused he et os with sentence
Stephen Boyle aud Abraham BOgart pleaded guilty |
70 AZ attempt burglary IN the third degree. IN conseg OF
e 70 me relentay for six months and Bogar being an old
offender sentenced State Prison years
months Adjourned to IL O'Clock on Monday morning.
COURT OF SPECIAL sEssIoNs-Frs G-Before Justice,
OSBORN ard Connolly
The entire number of cases on to-devs calendar
prison cases 10 suspended bail cases aud
Charles Sweeny, convicted of assault and battery.
on the "a OF February ON James sweeuy Of Tntietb Pro
eant fose was sen 70 the fTnientiSry for month.
Battery the tih Of February, Christina Beckett oS Of
No le2 Wea Broadway GeorIsna struck Christina in The
face with her hs scratched her face and and tore be
eonnet from her head In the public streets wss tu n
The City Prison for ten days. WV "
Albert Gardner caught n the act of stealing
the 5b Of II bruSry dressed chicken i the proos
yOf w LOVE- on the complaint q jos NJ Inisy Nc 90
NH Williams gAunht ~ fsAa.