The sun. [volume] (New York [N.Y.]) 1833-1916, 1861-10-16

fNe DNHTD tuHF On LItHs DNHP NS
Hdyor, 4 e. This old case, which has been 20
many tune, stated in the Sun was now pat on
trial, and is still pending. The facts involved,
about the lease " the Wall Street Ferries, aro
too familiar to need repetition.
Superior Court.
The Forrca Case Igdin. CIihdyine " For.
rest rs. Eduin For This cass was before
the General Term Of the Court on an appsL
from the report Of Il Referee, allowing Ms.
Forrest Z 900 per annum alimony. The report
was confirmed below at which time the case
was, as many times before, fully stated in the
SUS. Decision on the appeal was reserved.
HJ,c a Contractor Se,red Trio Masters, and
hOu one of th,m seFUtd him. John ". Dirgei-
d,in r. The Third Arerue Railroad Company.
In 1857 the plaintiff contracted with the CJr-
ptn,ion TO build two sewers in places which
would interfere with the operation Of the de
PENDANTS road. The defendants had pre- yiousy,
as appears from the Referee report in the case,
made 4 contract with the plaintiff, by which hs
was TO make bid 20 low thst he would get the
contract, they agreeing to make up TO
him all he should lose by reason of the
low figure at which he contracted with the
CORPORATION. This was so that they could have
control If the work, as alleged, as il was neces-
sary TO the interests Of the road that they should
The plain'iG Stipulated with the Corporation as
speedily a. 20 sbls, but ag' eed with the defend
ants 10 do II TO faster than would serve the IN
terests Of the road, by not interruptng its
| travel in any manner. lie thus finished tho
l work, and It WAS accepted by the Corporation,
he alleging that the defendants also were salts
fed with it. Defendants, however, did not pay
| HIM the losGs as agr,od, which amounted TO
about $3.50, and this suit il tho result. The
defence was, Qhe case being tried before R9te-
rce) that the contract made by the road partner
ship with the plaintift was v0.tt, because Il was
violatve Of public policy. The plaintiff had
agreed to do the work 'peedily for the Corpora
ton, and also TO do il slowly, with the 70 ld.-
The Referee 80 found, but still held that as both
parties were satisfied with the work, the defend
ants were responsible TO the plaintiff for the diff
ference between the cost Of building the SC wsri
and the amount paid by the Cooperation. The
defendants appealed, urging that it Mastered
not If the work was accepted-the contract wa
where tho bill was TO 10 found, and II was viola
tive Of public policy, and would not be sustained
How could il be made the basis Of a cause Of &C
ton, IL II was no. free from all taint2 Tn
| Court should reverse the judgment. Decision
| was resolved
Common Pleas.
R,se, red seats in Thedtres.-FrdinInd Men
'eii rs. For, Linsd,d and Freleigh.-The plain
tiff sued to recover damages for having bee
elected from the BoweIy theatre in 1889.
1t appears that the plaintiff visited the thestr,
having purchased the usual entrance ticket, bu
took a reserved seat. lie was requested to Z,
msve by the defendant Freeigh, who is an Off
Ger Of the theatre, but he refused to take anoth,
seat. He was then put out, AID brought tn
action against the then propretors or manager
OF tho theatre, and their agent, Freleigh, VII
| elected him.
The Jury were instructed that il was the dut
} Of the plaintiff to have removed when reques
ed. Verdict for the plaintiff for six cents.
suIroEntc's Court.
Charitable BequeSts.--The will Of Elizabet
Ruckel, now admitted to probate, leaves to II
Missionary Committee of the Protestant Episc
pal Church Of the diocese of New York 600
| 10 the corporation 'of Trinity Church, s2OOt
. the benefit Of aged and INDECENT females al
/ | 400 to the same corporation for the ben
| fit of the orphan asylum or asylums belongin
10 or connected with the church.
Court OF General Sessions.-Tuesday
Before the Recorder.
VIM. Wilson was tried and convicted of stea
ing gold Wach and chain, valued AZ $50, fro
the person Of a gentleman ia the office Of Il
d Spanish Consul. lie was remanded for sentenc
n Henrietta Cornell, girl Of the town, W
a tried on a charge Of grand larceny, in Robin
Roswell c. Peck Of a considerable sum of none
o Peck, Il seems, tell in with the girl one Sunda
Il | evening after leaving church. and went hon
O | with her. The evidence failed to prove the gi
positively guilty Of the theft, and the jury a
| quitt,d her.
Patrick Dooley was tried on a charge of f.
onious assault and battery, but proved himsC
innocent, and was acquitted.
d Owen Norris, a car-driver en- the First avenl
v railroad, was tried for wllfully running his C
!. | over a lad named Thomas Hamen, but Il
| charge was not sustained by the evidence, al
Il | he was acquitted. Adjourned