The sun. [volume] (New York [N.Y.]) 1833-1916, 1862-01-21
superior Court

superior Court
IN, Escape n Rim WbIe, Chds. French rs. jas.
c. pHsr The Il,nt.i sued to recover d,m'ges
% Mr. W lett, late sheriff Vt the county, Tor the cs-
cape Of the noted Pin white.
The plaintiff claimed that he suffered damages t'
the extent # III. Judgment slhnSt WHITE and IN
terest tahout ~, 600. The defence was that White
was inSoycnt and irr'spnnshc' and That the JIig-
meut was worthless. Tint consequently the plain
IN bst nothing by the Escape.
S. the Jury thought, who gave the pluntu a YER
dict for six cents.
a Kind of Forgery which is no Crime The
People rs. HoncyreU Iincem.--The decision in
this case was given IN the SUI Of December JOth, at
which time II was announced.
The opinion ~ the Court In now accessible, and
II In substance, on the main point, ~ follows -
II will lie remembered that Vincent WAS COM
yicted In the General Sessions, Of the forgery ui the
certificate Of acknowledgment ~ certain mort
gage by one Sarah J. Lyon. The certificate pur-
ported "a I've made, and the acknowledgement
taken, by '"Ab4nn W. Kennedy, Commissioner OF
Deeds" but had attach IN II NJ venue-that IS
n say, the nal city or county where II was
taken. The cert. tie commenced thus =" Late
- New York - County, S.. the name Of the coun-
The case WIS appealed t. the General Term ofthe
supreme Court the prisoners COUNSEL cont ndng
that such certificate WAS not SDrge y; that H. be
a forgery the name OF the county must appear 9th
erNise, the officer 10y whom It purportOd n have
been made was MT on thu face Of the certificate au-
thoriled 10 make IL. Il Kennedy himself had made
II, without giving the name uf the county, he not
being authorized u make II anywhere else than in
the city and county 81 New YORK, the instrument
would have been void II was, therefore, M forge
~ when thus male by any other person signing
his name. II WAS contended that the statute eN-
presey required that forgery Of this sort should
show its face that the officer by whom purport-
| Ell t. have beee made WAS authorized h. make IL;
that the authority did not appear because the ooun
Il Is not given.
| The Court sustained this view Of the case. Tho
| Judgment entered upon the verdict in the General
Session wjts, therefore, reversed.
| superior Court.
Ne Crystal Palace Insrdnce-The Mayor,
Be-, -. The Hamilton Fire Insurance Company
This an action against the deicndtras h recover
the sum Of $1,000 upon policy Of insurance issued
/ 10y them upon the Crystal Palace.
The city appeared by Messrs. Noun K dman,
and the hrst objection taken by the defendants
| that the corporation could not legally appear by
| my other attorney than the Corporation Counsel.
The Court however decided that the city was
| properly represented 10y the attorneys naned they
| having been ant. urllcd h. appear Ia the case -
| Mr.. Busted, then Corporation Counsel.
II will be- remembered that this X one ~ several
similar cns"s and is made test case by other In-
| surancc Companies, who hod issued policies tor the
same amount un the Cryth Palace
The first defence on the merits Of the case is,
that the city has, nor had, no insurabe Interest in
the building, A. 1t was vested Ia John II. White,
| the then Receiver.
Second that the preliminary proofs ara insult.
Gent Third, that ufter the INSURANCE was effected
the risks were greatly increased by permitting th,
American Institute n hold ltd annual fair in the
| building,
| IL was also urged thtt the pINhuHs lli not snow
| who were the nwuers Of the property when the in
surance was effected nor who II was that made TN
| claim. II was further coutendei, by way Of de
| fence that the plaintiffs did not show how, OF iu
what purpose the building was used occupies
| NJ 'he uh' ~ the fire. nor by whom under whs
| agreement ur contract.
10 show that the building was only tcmporar,
| structure AMI hence the property Of the X 'cever
| tho defendants put Mr.. White, the former Rere yer
upon the stand a. show that he had once contracts
| with a company In Boston g. have the buIdini
| taken down and removed To that city, that il after
| wards appeared that it could not be taken dow
without great damage h. the building, and the pro
| lect was abandoned.
| To show that the property was really, and there
fore the property of the city evidence was offere'
| IN show that the columns around the dom
| we're ieaded into the stones, and that the boilsr
were courected with the earth by bricb~ork sum
ipt9 tie ground, Tue gsse W SaN %,