New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1863-03-09
LAW INTELLIGENCE.

LAW INTELLIGENCE.
sUPERIoR coURT-GEsrRAL TxKy-M.Rcn s.--B.f0re
justices RoRERrsoS and MosELr-
THE aoFFAT MEDICINES.
John MoIa,, plaintiff aud appellant agt. Julia A.
Moaa, widow Of wm. Is. Motif aud otseis
For plaintiff 7. @. Clark aud Charles OConOr for defend
anti, 0ouyerneur Tilotson and James T. Brady.
Mr. oCopor in opeui, the appeal iad that the was
In many respects remark ,be The original psrs. to were
John Moat and wi, b.. his only and lie obec! ws'
b. that ,r period Of nearly ten years rom the e;
Of October Is they hd b.eu coratees III The r.de and
Was secret called Modats Lifs Pile and Peak BttGa
Tic father and tho %efe witnesses g9on ,s t'is ani II
that hey conrsdced each other directly TO the ~ terra
.c,s AID the cifcGm'lnc's ihe earned
had .tod -nd that the whole property IN question hai al
ways hj. own. accurate ard that tue father ws'
either eIsed -si al. AID cOLs-qlsLty dnH'ed tue
con pBt Amer .,sns the msa point. oflaw on which
s~ ifal .Id a " i",Y eh hIg cent
hd charged tho q the defendant to mat OF his legal
,entle Dir. OConor Proceeded TO detail undisPuted
John Moa., he sid wai born Aug 1888. AMI had resided
IN hs city since 1872 In 5l ne failed In bn.ines' a. DRY
for two or three yosT, Ia very III health, apparently
dying His ~ife was living. and he had three dauSha''
.roin- who died single In 1851 Maria q ivins aad
M Gle md sophia who la 1919 married 1n Qusosenoo
nd ION. Nhl.ls Is. VINO was born March H. I6iS IN
snily b, leepin. boafder John Mofst commenced the
bans.s Of pounding the medicines called hoaas Life
=, lie he himself b-ius feeble TO per-
orm any svofe a,o In March 1851 hs conveyed the *
u,ys sht cns. TO hts and from that the
onward tbs ~hss bunsss including purchases sses apd
invsstmeni. conducted In he son, nane The meii.
nos .oo became very popular aud In june s3 when THIS
controversy began tn. fn had long been yns in greet
au-nc. ErosPt same d'isrsemeGt aboa. May 1883 be-
~ tberesn-r. r..iJcd =, White Pliin., the whole
.y resided together in tie mos, perfect r~Ho"y They
o,. les. Of .IpsDdi,ure. Ii. father and bsrmO.
nou.y co6PeIs',ns In all uiuss contested VITA ne
tho d~sies'scs occupied ~ 1 che t,ay No. a. Eat
cSrfr. on the busnr under the title oil John ioAt -
Co"l Lad cot han $4,000 The estate realized IN
tn. ba.nes. not less than sSpeo aat the business
an nv h parents in their par. the most
iry to school in his early boyhCod, prepared
or and -tt q college educated for tho medical protection
and h early tr-niuy by tour Of Europe iT MS
amusement AID fuller Instruction. On the M day II June
1854 be MS intended marriage five days th.re
acr the msiAse TOOK psce TUG Ieny aaD,.o', 'ha he
weut Immediately Sehooleys MounHiu on NE weiiing
mil about July ~ and ltea cn nucly operating III. fsny
ro tha Of b father On The day Previou, to III. mar!sse
,d sr.~ p,par.a iea,e Of the fui hOmes,eaa sud ul.
nj re- Tor the oln y-s ~. father AMI mother aid tie life
Of the 'u'lyo' Al m fe1 a. annuity gran Sl I ~.
1er mother and sisters uanly dependent for teir efficacy
upl e.. tWm ~ ee.th bout Children. on Jnly ~
54 Nm b. aAd b.. wife decided lie property No 81 and
y55 broadway 10 John hohat ~
alleged real estate divided IN
igit snd pr,uehp formed for ten ye-s io Carrying on
the bu,hes hat the p.prs then eieciea iced 'on tho
to ih- fthe u Mo-. 81 and so D.aL"ay an1 ac'o'
eopafnefp placed in the custody OF toe mother
that ior better ecuy poT to AZ iht"nded 81 rec at
tho suggestion Of the son. eiI them wh hl DC depo'ed
IN tie safc. and the, the iaef supposed he y De 'se
nnt III slu froul his wedding uur when lie admit.
ted that he had de0Jud hom ih' upon Tue fathers cen-
,nfe and monsoces tho SOD on jay ~ "cA Gated the
ICED Tor the Two BroadwBy that the father asked or
,etcmcut Immediately on heating 81 Tie in.cnded m',.
Iia:- at the dsy wien tho e,.e ahnuy grant aud VI"
we bfog. h lie objected 70 them - 0ens any set
tsnen, ofhs mutual dealings ana refused TO atpt them
.uch that he requested HIN 70 'aAe mem ad snow mem
IN m, mother aud eIc1sed him,ef from then making any
cement s-,enloet In eoo'eqa'ncs Of want Of ne
Th .on ale ,el IN reply that III. Gtce' 81 psrthehip
were merely an agreement h. secure one half tho profit, OF
e l'e yeas 10 Ills mother and SISTERS In cs' hs
bo should within that period that hc destroyed tho
sn.r the and earnest request or his father
thst father nAdo 10 application for settlement In Jane
1884 bat tht he mss tho three grants to h' father then
ma. of hi. accord anil that bis fsher did object 10
them and hat tho Lost deed Of No, 81 ana SO broadway
was given 10 Institute for tho annuity grant, tho first
The theory in relr 70 the Paper executed In ies4.
Mr. O onor sad si,taned by his own testimony ard bv
that II M Geo b. kisam, who WITNESSED them, and who
was then tue partner OF the lawyer who drew tiem the
theory OF the ,oa sustained b. himself ploas Wh-n
ihr r of the medicines DaGe n 1881 the but
10 yea. old and yet hs explained his feelings aud intention.
Va. yorr idea q, that time tina, II this thing WA to
succeed aud was to produce you were 70 have ALL
that you gave The i.mI enough to eat and d'inkp
II this was true continued Mr. UConor little elss was to
be sypec ed hau that his days to be long IN tho
is sharper than ssefPsnts tooth"
The son swore that he pretty sue that he must h,ye
heard tho papers road and that Le pretty sure
that they such he alleged II could put half
million IN his pocket by force oh unsupported prot,y
SURF" ia regard paper destroyed by himself Mr. p
thoushi atuts allowing men TO their
v,ry wespon The testimony of tho old gentleman
10 sreat extent dscfodi ed By tho judge at
form tho ostimony Of MI JW bufchard tho lawyer
draw papers executed Defos tho marriage
Nj u onor pointed tho part
Of the Judge this Though father aud
fed tho Iony the mother objected sou,
"a rcluded BY the Court lie did the
grounds that she was the psntihs vito tho de-
iogdants mothef
Mr. (yCopor in conclusion. clzmed that the Court lad
,bt TO award Jury tia without letting the ce 20 b. the
Conr of Appeals the rriu,a jury tal
euor tInt the copaT neIshiP established
no We anti tina the mother wss CONF witness that
Mt Set sccopnts which bad been relied upon
Act Ito I-ntn not competent sssins him, and Aa
there ws evidence that the deed Of the t. Bsoad
wsy ~ given In lieu Of tie annuity, except VIM Moi
ats god oath, which entirely insufficient lie asked
her. ore that the Judgment 10 rcyersed and that the
Sire .bl Term bo oifectei to award jury trial
ar Bniy ia avery bei repy argued that the exclusion
of Mrs Moi witness PERFECTLY regular the sieIo
of the the lime o. ths trz which h..
that the Seldom accounts were progeny admitted becdnse
the t.ory DO pates that sgTee.ent
drawn drawn by somoooiy in the office Mr.. selden
ong items was one Advice 20 the mole OF
form ns operation Of Articles OF sgcement" lie con
tend ri thrt oud have Used thoie words nd
M articles eoPane'lLp. IL had decided in 20 fvs
party une could 10 .h0wn that actually worked an IN
iuy Nj Brady ended that there no aosoirte f
OF tal by jury IN any equity and that n psnsh u
he ever had had any had waived It, This he thought pWo
question OF edibiy and therefor the learned Jnese 70
whom the testimony was taken was the best judss !"