New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1866-10-13
UNITED STATES COMMISSIONERS OFFICE-Beto-e
Commission BETT-
DECISION ~ TIE POSr-OFFIcz Clerks ExToRrioS

IN the case already reported no Wnicl the de-
slu1 - ..-s 4 violation DOL. st1ta'e 0t tla Uuet ss-ts
and M which motion made ir excl ip STfr- fhe conn.
Pc. Tor ihe d.rea- 20 have the complaint dismissed on le
meaning OF the stature che C0ums5nes rendered the follow
Tie 5.,ealllt Va. d clerk in station in NevYors City
The complainant b-ol sht % bis window letter directed %
person u lnald and asked how mach the postage would he
.f.- OBJ u--l L.-ll-l 81 II l 81 cents, which COM
paiualt paid 90 hm The defendant then took the letter and
Il UPON one - cent stamp after me complainant lad iet
that being d. truth te postage required and t defendant thus
appropriated ife other - cents He r'ty, undoubtedly
COMMITTED ON oes lie obtaned money from The complain
slt hy false peae bat that does not within the u
eicton Of the United states tribunals lam o opinion l he
ad not violate le fo>' once law OF the United states which
es AN l,tyoL 70 se any l4sg f.aTP iof larger
stamp lie handed tine letter with 4, 20 the defendant
money " out uut1y any Stqp ON the letter The sale Of
the stamp tLe gsI Of the oense under this law and there
SPECIAL TrM-OcT i2-Before Judge DAILY.
IMPORTANT TO HOLDERS OF REAL PROPERTY-RIGHT
TO Use OF SBIGaBORs DRAIN PIPg-A NOVEL
Julia VI DIN vs. William Kemp.
The plaintiff and defendant own adjoining houses,
Nos rs and ~ East Eeheenhst in this city Both these
by lin from Peter Stuyvesnt for 2 years from ISL party
wall erected between the houses and ony one dainTpe
5or. 6 ffo I've "a" .',e Id mi. o5 roiS aT one et
Of waste pipes was put n the house No 5 and the water
tie party wall Nj Dodge in l,52 sold No li7 To the
plaintiff and covenauied that the connection Of pipes should
Bahcock bur sand nothing in that deed about such
CONNECTION Both these deeds recorded Wien made
In l-.1 the 81 years lease Of the land having
pirel and there having been for renewal the
~ >yTet gave renewals FOR u years Ongorto the
plaintiff and BabcOUk In 1850 Babcock sold No l5 the de-
PENDANT VITA covenant that there were membranes
Aor taking Tie defendant discovered that the
pipes Of No az emped into the drain n his house and
believing that the plaintiff had right 70 Use bis DRAIN notified
her of the connection and In default threatened to Cut
himself The plaintiff then by her attorney Joseph F.
DAILY es brought action and obtained preliminary m
junction the defendant rom executing li, threat
Tho comes before the Court motion 70 make the
injunction perpetual
The pltiuf claimed that the covenant in the deed from
Dodge 52 being recorded notice 20 the defendant
and B1bc0ck who bought the adjoining house years later
also that beside such the of the connection
uppureuancs' and passed without special covenant
The language of Dodge. follows With the
privilege continuing the the connection with the ppt
drain IN the doug house the walls either side being
party walls
Tie defendant coueuded that this only license and
pre Dodec original term Of ~ years IeJ
also. that the record and not calculated 20 give
notice 90 defendant also that the OF defendants drain y
the tenants Of No i caused offensive OdOr and NUS
The plaintiff quoted the Pyer agt Carter decided in
-j Do the English Court of ENcheluer by Baron Watson ire
ported in Vol a. English Law and Equity Reports 4lO m
which' held that such right to drain In aion
ing house applcnance that II would pass without
special covenant and that tspass would lie for cutting such
connection OH
The Court after lengthy argument and animated discus
sion With counsel on hOtI sides held that the action wei
brought and granted permanent injunction restraining th,
defendant from interfering n any manner WIKI the pipe and
connection
Joseph DAILY for plaintiff, Charles H. Van BIunt for de-
PENDANT