New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1860-03-24
alstu11nrk Daily Gribm,ee
LAW LVIELLIGENC,E


COURT OF COMMON PLEAS-sYxcIAL TkKn,--Asseh
23--Before Judge Huron.
THE JUDGMENTS AGAINST THE ciTf AND TEE 'o'-
TRoLLER
Dibud wfsmsn and Frederick wBleusu sg TAe Msy'r Ae
mi. Of Hew-fcrk;, =, a. c.-...I,.-
This was an application on beh III OF tne Con<oles
70 va;ste and set sd adsmsot M 81. 20 est@asea BY
zoe psnn' sssin. ;hs Copper oe on Ihs Ien o.
PsP'I: read on the nn:,n, appeared tha. the acaon
served BY the then Corporation Council 70 the complainant
in the action 5nt the 2Gh Of September 1887 that the sson
s. who had contact with tho defendants
fer psviDg TsguliiaK ~ Tenth sy-nae from Forty hhh 10
coypnan ssss shs BaSsnroSe ts . i Of .Ias
the contract requested plaintiffs 70 become his sureas
vspces him enable him 70 pay his furnish
materials r the work and ssd % ssn TO the plaintiffs tbs
said contract and TIE moneys grow due thsreandsr from the
Defendants and did execute ar the plaintiffs there
Of 1s s % Ss S.nSu I s % ns,spon ss
the work the contract BY Bumenrosher The complaint
SS Ss1 Il hs ees By Bamenfohsr made advances 70
him amounting loo5 o. also sesed Tie completion Of the
AID demanded jpdgme for the said sa Of sloo' o. With
The snswer Of the dsnc ants ieed the
prohibited from ss e. s ~ x. ssnasn sas !. be s
he'd by the endorsement the Street Commissioner on the con-
tract that no such had been given 10 the sgnment
the plaintiff and defendants had notice sssf
meb The answer also avened Blumenrothsr did By the
conser Of the defendants hed provided ey sad contract
FIeSsd:E fsnz By s.Sso%sn. dated Nay e.
1888 which the Office OF the Controer
all respects legal and valid 1t so aeged that the Dc end.ts
bad paid 70 Pentz Of said contract and that there was
nothing due to the plaintiffs Hereunder II sppes that the case
referred August 49, 1883 and that subsequently the referee
made report In favor Of plaintiffs Tor the fall amount claimed
whatever made BY the Council 20 the copOison prove
Is :. shs 70 rsss % the t s.s con
nesses.
The pspers further showed a the assignments and payment.
TO PeDz could have been eep proved by the Street Com
oner bis assistants and hst the Corporation Counsel had
been pa, in full Of the facts BY communication
service Of the the trial Of the action that The Cop
alton Counsel appealed General Term no
and took steps prosecute the appeal and tina, subsequently
the dismissed and the Judgment affirmed By the Cen
ersl Term by default
The application made BY the Controller under the snh
section o. the se Of allowing hun g move e act aside d
founded in fraud the Corporation Counsel eon'eDng
The plaintiffs BY aidavits denied fraud collision the
matter and insisted that their claim Just and bona hde
The JUDI GRANTEE the motion opeu The judgments and In
doing stated that the application should be regarded
statute of 1852 I'd motion on tie part Of client be
T fss' s III iss S: den q the md w
ground suspicion Of franc he part Of sher attorney
soand sns therefore allow the defendant. 70 come in
and defend, on pay ment Of costs u.,,,-e
Ter opposed
SUPREME COURT-CHAnBER.-MARcB 2s.-Before Justice
SUTHERLASD-DECslONs.
In re. the application of John G. Mallory, ct al;
tom hn Of eo@y John an Il re- the re- ss Of
Isaac c. Perne, nfsn-RePOrts confirmed and orders
granted -
Daniel D. Foote agt. The New. York SIX Msn1fac-
turing Company al Thomas Hall, ct al sg' Charles A.
Mssrea ct sL-OrdeTs granted.
Henrietta Schlam agt Adolph Schlam.-Report con-
hr@ed, and Judgment j, Of divorce granted. c..
Motion granted without costs.
In re- the application of the Mayor &C., relative 70
new TeseIvoir.-Order Of reference granted.
The Hebrew Mutual Benefit Society agt- Fitzpatrick,
ct aL-order for payment Of surplus granted
COURT OF GENERAL sEssIONs-MARoH 2a.-Beore
City Judge RUssELL
Isadora Smith, colored girl pleaded guilty TO grand
larceny in stealing jewey and clothing valued ct 500 from
Mrs Henry Of No sS Broadway, and was sentenced owo
The Grand Jury into Court with batch Of indictments
and discharged from further service with the thanks Of the
Court
VIM Halves spoceman who assaulted two medical students
mpression that they had been engaged iaude
while they only In the discharge Of their proies nal do
The Grand Jury having another indictment ssas Jas
McLsnshin for dog ghting bench applied for
and granted for his arrest BE will be tried next Tern before
The Of the Broadway book agent Adolphus Rsnney,
charged with obtaining money under false pretenses,
ton Of the Support Gross Frauds and Mock Auctions"
another, called Mr. Rannsy defended BY James
T. Brady, esq, assisted by Mr. Garvn Of Erie County On
Nov. 1889 q Germsn named Hook saw In German
Ranney office in Broadway and Raaney engaged him
se books and ewsy in this Stale and Jersey the
Hook to deposit 800 security for his honesty Hook paid
the Oo and RaDnsy he alleges kept the money and
gave him any employment paid him single dollar salary
The accused rst tried the indictment Tor violating the
act above mentioned.
Mr. Brady argued the did apply private persona
The ofense ndicable at law. bin Of
cepons granted and there the rested for TO- day