New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1859-05-27

the expires. term. Of the policy payable % he =.
bu, sheldon c. the owner. q the 'oss IAs an
the claim plaintiff They oeecPled the same e-tsr IN
,ss ssss%s s r ,af s.y:s.
mSrtssseeS b. AIDA b. only, 10 such he nonaes
far the stock ~rs not oay he .e sri~s in is,ssa
but the cole psrte whom the insurers is ca Of s hA =
v w h;r . s s BE- sss s
n., portion Of The paSa s.s.s, 81 e.
balance should be catered for the plaintiff
SUPERIOR couRT-spse,.L rsss.-MAv 9L--Beiars
Josice WOODRUFF.
Franci, H. S.,ns ss, Sidney C. oenp. Alfred Lockwood ssA
Motion for leave TO die an amended complaint.
am constrained deny the motion for leave ths
The seton :. srd in DeeemSs isS before Judge 9th.
Jury and the fact. proved were then specially found uvoe
appeal the General Term, the Judgment rendered Srsral
Term in the early par, Of july 1885, REVERSED and asw
The ground upon which the plaintiff al. .-r,s
the amended complaint Is dishcd In "a. amts,i hst
Of which be was not sufficiently sppsa to ~ able st
them forth in his complaint
the nssv, on this sole ground that the sinsS vsed two
Year, and three months after such matters given ev
ground Of asking amendment. no Howard, r. lsa)
In truth notwithstanding bis socssd discovery the plsun6
I'll Te@ n hsVs early IL July ss the, no re.
covey could BE- had under hs complaint apou the facts proved s
the trial and found by the Court and after such decsion be As
waited eight months before making the application
IT. any amendment should b. allowed hmast b. one 10
which apparent that the plaintiff will sIfr greater ssssos
than he Il the facts proved on the ts and found
by the Court Cor II the facts are tIay stated .ssns
coed upon ground Of highly ,schnc. and vLeAh
any psSr dsy prndns the tbs pinaG
and the the latter had 20 shares Of NsSas
Plaintiff suffered any actual damage be be IN legal .tsi
ns.s entitled TO treat tina, As Conversion Of h, stock
objections The plaintiff even paw, alleges the scs
proved found to be untrue lie .esA. avail himssf
covered making them tbs basis Of his claim ba Tor the par
pose denying them and yet .psca.s On ths psby Of
titled TO- hls other and Iu:Ousu, svsrmsu, sh0a v
In other word. he distinct facts and then sas.
in substance that they are NO. os then 'o or one Of ssrsn
may proper whichever state Of facts msy appear to b proved
am no. vet prepared 10 conceds that amer M hs. oncs
teen had tho fully developed the den.nS pssct bssa
heard and The principle: spps:sss a I. he n eco psss
complaint not rs:ns h.. cas-. npGn any dnes y; Of s
sysns The facts to b. in ons orm emitting Ire psn.a %:
kind felef Il no. then in another form snins hig
m in another form, emitting him to stu another hind OF measure
tit not faiIy informed Of c;. I. sssss . q
be an exsrce Of discretion sasndmsnt wers
permitted say the plaintiff you know eli the facts
in which only know upon fso yoa
rely but be prepared 70 meet them.
PERMITTED TO aver as siows The deirndsn. either coli NV
.,ocl he did Motif he did he Is babe for the Poeesds mhs
for such relief upon the proofs when tahen may appear
would BE- shorter complaint tr here proposal
but, In the particular which con'iderng woad Ardy -
1.-THE complaint submitted all respects free from obso-
would not be TO me that the defendant would ~
be was e2nisd BY requiring ayent o. II coss scc.1
since The former complain, filed Il would b, material
oss.1 word. TO serve ffs.h summons.
And on the Other hand no great .aysn would result 70 IL
edor 10 no, suggested that the Statute Of Limitations be-
barred suit iha. there any difficulty in serving the ds
PENDANTS with summons In new action
That such term. would be Just and sniy % a. smendusse
the whole cause Of action alleged in oompsns Thsy have
proved the trial tina, every allegation Of tbs complaint wch
sSses ss ns a fs Sso. S
have decided that the pspta c.sne under his eonsn
Now prmi, the q .msnameo. the Cling Of
eSnPsn upon new e ass sSs : s dscs
p.n Alter err se have been put wSs
al matters charged .sai. them being psid tho ess
which they have been .ableed would "cm % me oeyosly
sse which think h. has no title to ''k At the assaass
pspse ., Al, -, 49,.
b. denied. Order accordingly.
sURRoGArEs COURTNEY &,-Bsfore EowiaD C. wEsr,
BuTrUgs,s.
WILL or MARTHA ToYPKISs.
The testatrix was single lady, and executed ths
psrer probate sbont hOsrs before her DEATH
ofhs stteslus witnesses guiding or controlling h Rad whsn
he .Ps4 tie s Tine THAT ai ss ss r. no: ~
IN bed and the; sh. sfsd abs could NJ, write Der nam.
that be- read She declared tho paper thus ersc ed 70
Considerable Testimony vas taken q, % tbs s,adon Of a.
mind body Of he tsrx the time The VIII executed
had bees bu. that abe veal 10 eosy
s1a 70 ss s n.. s sS drew The % I
dsd It's eontep and named the ieslss' with the sSoAs
The Surrogate hsld that abe wsseomr.su m.ie her w
Cbss. Ch,nsy Tor sIera.or Francis Lhln for coa:ssssai
WILL W cATHERIsE JUDAH.
The testatrix was Q widow, aud made her win ia
LILY @ GDs vii s.. on s rs ~. Z -
II sppesred from the testimony sbse ~ VIII -
s.,e.:sd To- s.,sa s ss =; .;.ss ~
aud be scoordlnsly sdmited the win 10 protste
John l. Rii,r executors Charles sp~nor fs csoes.
The wills Of j. Phillips Phenx, Richard n. Ca
and J...e Hsl.,sd decssed sdnit;ed 10 probate.
pRoOKLYN COURT or sEssIoNs-MAy Xy-Bsk
Judrs Morris, Justices Eansss ssd Hoyr.
Micbrl DIVER placed on tyrui on an ipd1ctmeot
r In having caused te death o. Ibonss shi
ala. nron On ss 10 oonsT. .sies IN B.e rss -
to dfic then shiids entered lnosice1sd
s s.S nd . 81 .. %sd a "a q Z. sy =
The Prong entered the brain sIe nlsnason s-ts w. de-
ceased sfs .r Day. sl ,as s ri sss:. %v1 e
a usSssashter u he urth dsuee Sentence fesefysd
LhD Yreeu and Thouss Frserrn araSned on Tho
eb.Iss Of assault and battery upon john oiver CsSst 81
az coupl,It having been whdrvp psst.~s az.
bi.n Rsp,,r .s. cosye,d Of s..au and Sss.~ry
CoBTsd KsiseT, with intent to DO eody harm. seated -
served.
IN p.s,iSs counterfeit bis Philip Boylr ins,etsd fs
osense acquitted In consequence 81 vsnsnc< eetvcs
rdic;msnt ard hs evidence.
COURT CALESDAA-TMs DAy.
USrED STATES DISTRICT CoUsr-No cA'es"
til Monday.