New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1861-04-09
LAW INTELLIGENCE.


IRREGULARITIES AND FRAUD IN STRICT IMPROVE
MESTs.
Applications having been made under the act Of 1853
to vacae assessments on the ground Of irregulanty
and fraud the Judge rendered several decisions to-day
In the of the petition of Elizabeth Smith 70 vacats
assessments for regulating, setting curb and gutter
and tagging Ffty-second street from Fifth TO Sixth
The petition granted, and the assessment
vacated on the ground Of fraud.
Ii appears that the petition was ASSESSED for 1851 u.
She claimed that the contract was made by Street.
Commissioner Turner, in 1857, with the lowest bid
der who completed the work but before receiving the
certificate, gave up the contract that Turner, BY col
usion gave the contract TO the next highest bidde
who subsequently assigned IL while the original con.
tractor himself drew the money the contracts thae
Turner then gave false certificate Of the work TO the
assessors that If the certificate had been true the work
would have only amounted to $s3i8 70, but In the az
SCISSORS Office the contract made TO amount 70
g., $50 70 while the amount OF the assessment was
Sl059l 49, Petitioner alleged that the original conS
tract in 1853 was taken from the Street Commissioners
office delay investigation. The Judge held that tho
proofs show that large sum was fraudulently paid
for the work and allowed in the assessment therefore
the application must be granted on the ground Of fraud,
not OF legal irregularity."
In the matter of the petition of Albert Horn 10
cate an assessment for filling sunken lots In the Ninth
and Tenth avenues, between Fortieth and Forty-frst
streets complained that the expense Of the work
exceeded $500 and that the contract was not given 70
that there was proof that the lowest bidder bad
offered to carry out bis bid and make the contract
In the matter Of the application Of Hiram Miller 70
yacae in Seyentyninh street. and TO take
proofs of the frauds and legal irregularities therein
the Judge decided that the petitioner might proceed
with bs proofs in respect TO the charge OF faudulenf
erasures and DELIBERATIONS in the contract, whereby
the prices changed or increased. In all other
respects tie application TO take proofs was denied
In respect to the application Of Abraham b. Tappen
to vacae assessment for regulating Foryfourh street,
IL. Hal tfa ltAnr4
dismissed the petition the ground that the objection
that the petitioner did not own the premises Affected
blythe assessment until after its confirmation was well
taken.
In the application of L. Bennett to set aside ascss-
meut for regulating &C., of Fifty fourth street, tho
Judge refused to grant the petition on the ground thae
there was no fraud proved.
In the application Of John p. and Isabella Hamilton
TO yacate assessment for Improvement Of Fifty rst
street. was denied on the same ground as In the case
above.
In all these cases the Judge takes the general ground
that the work having been performed and paid Tor,
and the assessment therefor confirmed it is too late TO
object that the contract not given 70 the lowese
bidder or that the city had good defense against the
contractors claims for payment. If payment were
made for work not performed the matter would 30
different. better case would be presented II COM
rmaon in these opposed, or the Assessor4
were notified of the defense which might be terposed
against the contractor.
DECISIONS.
Before Justice CLERKH
VIM. b. Davie ct al agt. Henry l.. Marsh ct al
Motion denied without costs.
Walter Quin sg Thomas A Ouin ct al-Motion granted
Before Justice SUTHERLAND.
set ssids and sI s q the cssads
defendants Parker Meeke and Clark payment Of Slo costs
Of default aud slS, costs Of opposing this motion
Mercedes u. Montaran agt Bertrand Clovel Alt s2pea
10 would Do improper irregular this e and
on this motion modify alter the order OF the Court n
respect Of temporary disposition Of the income Of sAooa
The motion must be- denied without 10 either party.
CIRour.-Befor Justice WELLRs.
TIE WALL STREET FERRY LEASE.
Jacob Sharp as- The Mayor, &c
This Is the well known suit 10 recover damages rom
the Corporation u6ment Of with the pant
the Of the W all street ferry lease The pAntn
counsel ready had only witness In Court ana
Judge postponed the trial till next Monday the case 70 DO
the hrst the calendar
SPEcIAL TsRx-Before Justice BARNARD.
DECISIONS
Jonathan w. Freeman agt Thomas Aud OF. al
judgment for the plaintiff for the whole amount OF the mortgage
aud Interest. and for foreclosure OF sale.
Lee a. Hastines receiver ag James Lawson ct slJudC
msn for plaintiff Finding and decree be prepared BY the
parties and settled In two days notice.
John Fowler sg Maria b. SeamanJudsment fos PLAINTIFF
Finding and decree to be settled In two days notice