New-York daily tribune., 1862-04-23
Law INTELLIGENCE.


Member. OF the Bar are requested TO notify the
Clerk of the General Term TO those csue' upon the ass
calendar which marked down OF put off, whether toe
same were settled otherwise disposed Of 50 that they may
placed on the calendar in different places
Notes issue the last calendar must be nod
before Saturday 26h inst and must state whether eJ
a uon-enUnerated preferred or enumerated
SPECIAL TKRM-APRiL 2'-Bsors Justice BAHsAnp:
TIE HACKLEY CAsK-HOw CONTRACTORS GEL THEIR
MONEY.
Lewis Davis agt. Andrew j. Hackley ct Aims
was the hearing the matter Of the Injunction restraining the
Controller from paying and the Defendants nom receiving any
moneys Of the cleaning Of the stroe's and also an
ppcaon for Receiver accounting on the part OF 'no
firm holding the S;reot.Clsaning contract
Mr. P. O. Clark read the answer of g. Hope on' OF the
.irnee. Of sr Hsckey and his affidavit and br Yeyer,Ons
corrobors,irs the answer.
The answer Of Anthony Hope sets forth the contract
with the city by scey and denies that be ope) ever had
.ny knowledgs or Information that Davis claimed to own
fourth part OF contract until after the original contract
had been ssinsl from Hsckley % the Mesrs Hope and
from the latter TO Me.r Blish Yevsrton Mat at the time
the copsc. was made Tos Hop. advanced Hacsloy t4oo
10 epahs him To- obtain the nece-sy materials 10 comme' &c
the work that The Mrss Hope became tue snetiea OF HACK
ley expected to maze further advances to ,ecue
een Wood OF the city of HewYork fourth part Of the
oM al a,Sf ,i .n ag o. a S ssi to ssI 2aoy Hope
and Thoms. Hope such advances - ih'y or either OF them
might thereafter mike which fourth part q 'geh profit,
the ssd Anthony j. uscky represented tie ssd wood wss
entitled 70 from biu std ilackley the said hacs.y ieb.
49, 1861 sgned tie contract 10 Authony s. HOPE aud there
notice by that sss m-nt or oherwiie thst Dsvs
bad any n,eress IL h, contact snd II is denied na any
paid him owrer Of one qraer snare III
said contract, Since December 10 ss the receipts iToa tho
city been t3es sd o. this sum i Is de'ed shat Dsyi.
was entitled 10 anything; but TO quote the answer;
And hi, defendant further answens the said complaint
s l. {. true, tnd he limits that after said payments
v .,id Usck.y 70 this defendant (but the said
psnf) spilled FOR t. sum OF 800 and claimed me sam
ss the oneiTih of th yTots Of said conrsc which
he sj ood med control; that out OF toe payment
due ard received about tie lat day Of Jannny it
there was paid 20 lid Wood uron bis denand Aforesaid
the sun OF $3.50 aud which made 10 pu.nance
Of tho cement heisr mso med net~een said Wood
and B.h aud elvrton the pefos 70 whom TIE deehdant
and said Thomas Hope had sold their interest in sad cor
that this dseIcsnt DID thereafter refuse to mske any
further payments said ocd Tor or on beha OF any IN
tere.i until the Of money advanced by him and said
Thomas Here for the work done urdor 'ii eohtet sa
bseu p.I this defendant denies he he DID BY such r
fYsai vlolais any @ tie sal. plaintiff. coPaoer or oth-
efai.. fpd t defendant dene. sso td there has been p
Iad plliuf o. b. sny person on his behli coy oranu
ar OF an o. the proh'g accrued nofn tho perform
a. . f iaii contract IF, -, r.
me further states a. defendants will apply fo and
hop. to receive the city further sums under the con.e
8ai en 20 gpy hs 'S a.. n.ny5sd 1d sdsr ,he eoSrc
spJ 1, .srrreJ ths the N--ss Hope ,ince the ss1irpt
y,rr,a NJ, ,nn or 435ss3 3D. be,ids The Of $4,000
ir In advaneed the time Of the nekns Of the eontrac
,ud thu oVcf aud above a. Sans received 90 account OF a
.t s.d no profits whatever had Deen Teaz, up 70 tue
ISL ~ ur@ is6 Nor had they bad any tuosedgs ., the
- Of sifg ,uii nivsnces that plaintiff cyen claimd he
,e-.t in Tho conlr,c, H.. hs did offered
to toward ho payEsut e. he oIpenes or do any
i
q -. to the Messia Hofe ,hs he Lad -ny iniores,
,te tasa proceeds 30 ssie That tae r, t1owi,
b.. any ntsre.t IN si contract that .sd HscLey had
a,recnclt fct fTih The complaint after ths
- Ecnann Wood h. ffIaeE siut, and a. sad con-
usc wa. then shown to him by said Wood" Tue answer
o. On 10 state hat by the OF Nj Hlckley the
th of Juno G the Mes.s Hogc assigned oil their n'ee';
70 hare, Bib ard Robsr feyoron. aud IL &. claimed
hu said parties necessary 70 Lis sail Mess Bi'h end
Y.i,rt,o hsy- since performed the work. and the ois
amount received under r coafar nom al sources ifon
jane 5 las 10 April , iHi wa tloI4 % While b. &C
, dbuT,-ouf snd expenses have been rlY7li9 ~ In
cudias le1sl IL paid ihs Me'f hor- o. 'cc'uu of
ysuces md udiug ceTiin paid TO Benjamin Wood,
b.ow stated Thsi the receipts have 81 yci been nsti
ei-ft to yeTios h contract sd dsny eIpsnses growing out
o. s ss.., og4o,ue. And thi. defendant fur
sT sn~erng short time before thi. defend
snd said Thomas hops lad hied iem in'errs Ia tine
contract - hs h"ieiof y" r. P.nd
ing the sd Benanin Wood had m igef'e" as deeHdlnt
informed snd believes with said bish sud teiTefton md
then claimed % control oegster ntre.t in the profits thu,
sht be mule aud realized out Of % unicr .ad contract and
some conversation oa the subject aid WOOD who s
Droher Of Fernando Wood VINO iten Mayor u Ito CITY
Of NewYork ard whose gnsiue 20 tho ~ rollers waulnl
for tho senonty psym-ns Tor tho wort done under sad
and without which the m1ney
be dwn suggested that he would be 'sIi'nsd with be
Of +SO cut Of eieh pal msn commencing
That ssd bish snd evero 70 such suggestion
hat having le-d o mak. the payment II the 18th of July
tho Mayors 10 the eaaut for the payment for the
veror them, communicated thi, fact 10 Bep.min
payment ofhe 5.h Of July That sad B.h sud Yeiysou
lion poued sad Ben amin w ood to send him sa0O
disiey sigssd The ssd warrant Aud tie said B'h ana el
veton urderstooi this De edant chs-ge- unless
the tonTolsgs warrant aud sd Erh and ieyeon did
this drcnd., believe, sud CHARGE. for tho purpose of being
able procure h- MsJofs slai aud understanding thar
they could gt Il without Jed8s 20 such suggestion aud
did thereafter OF each ou monthly piyu, ffoln and
I.t OF January is62 consen. 70 IN. psyreat OF The
,sid Of t'oo which paid said Wood accord
psy stated in srd complaint 10 been made ssd
plHiin Until, tis defendant refused TO continue them
Isr.t ore staf
And III. dsendsn, further answering denies. upon inor
4don and belief hst 'sd Pl.niA hs. suy Interest in ssd
niIat. bat he ttlieVes and that tho iaefest
claimed by said psnth beoug TO- and is owned IA fact, by
said Bsnislin and Fernando Wood both OF ne Cr
no, Therefore entitled to maintain this scon" The answer
thA rho' Hop. has uie.s, in the contract e1csp,
| therefore the complain, ought 10 be Dismissed
hI John T. BuI. associated sih Mr Chapman read the
thony Hope aud stating that beside the ~ SCO paid Ben.
snin Wood there had been aid to him s50 usAing ia ALL
MI s. B. Gavin read the OF Mr. Hackley aud Mr..
II. II. Ander.on read the answet Of the Controller
plain d said that defendants sdayiss had been sudouy
teIt bach from tho pisntlf Ths n.ter had been in
was real party and the plaintiff no-gld desired oppor
tuniy 10 Introduce adayss In snswor o the new matter
Mr. Burdll argued that this could not be done, aud Mr..
James I. Brady took the same petition.
The Judge .sd the mpoftan, one and the
ton .O and he would therefore postpone tie stsr tIi TO-
morrow, and consider tiuihe meantime.
CH2xBEKz-APhiL 2I.-Beiore Justice CLsRKA
DECISIONS.
Peter b. Kroner ogt. Erastus G.. Gage.-Motion
for ehsnss Of place OF trial denied whou. costs Keencs
Caroline A Fuller ,g,. srrn +. Fuier-Judsmsntof Of d.
Jsns. Low @, a. . wm 0raydon etal-Mo,lOn, denied
No costs s.e allow ed on either motion.
Before Justice burnERLASD.
Charles pimon, Receiver, sgt Lorenzo Delmoneo.-Csse
settled All tie lsndn ents allow ed except the rs
COURT OF OYER AND TERMlNER-APan 23-posors