New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1860-09-27
New1lork daily Griba,ta
LAW LNTELLIGENCE

; LAW LNTELLIGENCE
SUPREME COURT-0zSsn.L TEhs-ssPt %:nSs'0'e '''
tees SUTHERLAND, ALLEN. and LEosAHD.
THE REFORMED DUTCH CHURCH CASE.
The Attorne General 81 rel N Muceus ag The his;es
Sc, of the Reformed Dutch Church IN the ''y o. Ne"'
The elator seeks to have certain funds established 10
sa6 Of s II Gs Mps n inc st &
c These fund. are made from two oeQne.1one 9tdo oy
and tho other from bequss. made by Hspendyck 10 M Ine
rrato ak. that the surplus Of the income derived from thsss
gns s. q e. hs SS f'
the 0Tgs inst s being s1o S the . O;%
nation was entitled 70 come ~ as shasr in that fund The
poraied then existing congregation and not As general
body CT Christians constituting the Reformed Dutch Church
si that Se1s were to then s
and thai they could No. be called upon to divide any Of the fond.
own congrt gaiOn that the Court had Jurisdiction
are udse Davies in the Court below the complaint vas dis
Missed The present proceeding appeal from that order
ife Ss'e cpsr far Reistor D. D. Lord for Respondents
WHAT is FRAUD SUFFICIENT TO RENDER MARRIAGE
VOID
Cu.rsyRs-syPr 26 before Justice SWITZERLAND.
Mary r. Clarke sgt Bernard J. Clarke.
SUTHERLAND, J.-Coneeding that the representa-
lions Of the as the death Of his first wife fraud
uer y ado and that the plaintiff would not have married him
supposed thai bis mt T SOs. was vas v0s yet
Cert ground for dsong the marriage contract me
plaintiff defendant and Sr declaring it to have been VOID
ION The be KuIIpg not fraud In or as TO material
matter or thing within the ordinary or legitimate purposes Of
mSnios and the "pp2ed intention 81 Pspoes Of parties 10
never marry who had been divorced from hi. wife 81
SsS this 6sS:y.a S%i sis I1' 10
divorced man. that she should be ndnsed in such fancy alter
ward d the SJ Ds.r Principle for debating
Iiagsyod for fraud as to or In such matter CT thug
BIS D. Cozsens plaintiffs attorney David McAism, de-
iehoAl' sH'OinoJ Dr. I,.,i.a Jv,oyu.x
DECIsIos.
Amelia d. De Witt sg.. John I. Dunkin ct al
Motion denied
Notes of issue for the October Term must be fled
with the Clerk before Saturday September 49, st IL M
SUPERIOR CoURT-sPEcIAL TERx.-sePt 96.-BefOre JUS
tee BoswoRrH.
TRADEMARK CASE.
Richard NJ Hobbs sgt Ellenors Francois.
This was motion 10 continue an inInncuon order
heretofore granted by Justice PePcu restraining 'he defend
mk TIE plaintiff BY hi. complaint aegsa thu. he SEnasd
With tSe the FS@ 4f Tina ns a Me- Of ro
Co.. he commenced the manufacture and sale Of hH article In
he, c 9 ~ Since that time in this ot Th The
pow put up small Of uniform se with se label
smtlems hogrsphc picture the British Goa. Of ann. and
prodles represent VcoIs and Albert with the
Meen FUn the ceebrsed Chinese skin powder for res.or-
Ing ard preserving the sn "a. and Sy aS .ao Pre-.
pous ptr.patitn Ad.Pted for all clim,s' Fabian Co.
prietorH NO. ~ NJ Lane,
Msdenare sole SCENT fr the United States Another label
ts Ts used BY the defendant
substantially ike that Of the plaintiffs e1'
pes'ed E. Francois Co Neither the name Of Hobbs "a
ban Co. sppsed TIE D . S s os S
the business ls the plaintiff consented to the u'eOf same
Label the Of FbIsn Co was omitted upon which con
.sa s .ss other s phsdh sd
Meen I' Fun With S LABEL .ab..n Ike the one "a question
The plaintiff csusd the exclusive right to use the words
ed sS H. and ao the label with Il. device. and smbem
The for the defendant insisted that the Injunction should
the words Mssn Fun as No person could thereby siaas
s to it, Iss s9ea 5e OF the popeo
the article bis street number manufacturing
sSe The Article & aG net BE- The
Of trademark Ths. the representations Of the plain
@ sSS f s
msem ed By him s 80 fSS t & 70 awe re-
lief Besides inasmuch as the p.aa had orsnay
had relied upon such in building her business.
he etOypsd Of an Of his trade
in the use BY any other performers the see he lad
had eD.y protect bis se. because the The
.s9 Of the sIssS Pss pn ,sseed
oPISIOs-FoREcLosuREA AND sALZ-wRIr OF ASSIST
ASCE.
Belts sgt G. A. and A. Birdssl.
BOswoRTH, jim this and another suit against the
came DEGREES of foreclosure and sale made
s as en- %ns and 10 ph Cray became the par
recovered the referees deed the day DE now
ane one Hiram K Miller the allie on that they in
and ,sse 70 s i p ,s5 n %ad and s1e
yeyed the premises to John G. BY deed dated January e.
about May 1860 and not before that he hired the
premises said A. Bd:s for one year beieyas her to be
iee PAYABLE USSt. on an the 1T Of May next
think the Court has power to grant such wit 70 remove