New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1866-11-16

anvfhing F.l-L
The Ieg.ature has vested in them We eoad nor intere
with that discretion and order tnat ths VIII y" 'h'
COR will should dominate over IT,
The order must bo affirmed with cCsts a., ,...1s. al
Henry w johnson and VIM. H. Allen iof the ,.i
Thomas Boese and Abm- Lawrence IT, eSlAs 1'r ' ''
OF Education ,.... ,,,s,,yv and rS,rR ,u,M
% nnoKERs' COMMISSIONS Oh GOVERNMENT coSTRApIS
soln HoAland agt. John Collin and others, 80 !.
Tho plaintiff sul for balance OF commissions Oh pefcent
an sbnrtr party obtained from the Government for tho de
fendans steamboat Lefty Low Of nv PEI any Tse
9th OF March 1856 and subsequently at different oaie
ioal ront,ct with Inc Government ceased on the 18th oil
March aud Government from that TINE on teose 20 p
more than slD & he Goyernmen down to March %
paid bal the defendants refused 10 pay the on we
snauen sans by them at the rate OF s Day %
e rupd thai this was the contract on winch they sgcd
pay per cent but an entirely new one. and a;rcotsd
verdict Tor plaintiff for ss o. which entitled the defendant 70
costs their stpaatng - tax their COSTS " tat SUM
ann, 10 he act OF against each other. ~. l. t.l
b ,b dndsS on the appeal claims left judgment to
be- from and further insists that the contrct was o9
10, one charter party and that the subsequent redeon IN
price thoagL merely by Endorsement the original charter
a charter not included in the contract e. .nv
ehartsr Whether the compensation or Less and
the possibility Of reduction IN price was
words mere or less wore Inserted he further claims that
the change being made BY more Oh h S cnn
alton OF the old charter party which the contract attaches
The also raised the point that such contracts were
'Oo as nrI2sTr Su NAIL srRAMsHrP COMPANY
The following order made on the ith ss in tHe Goa
uofcf5y now pehuiB -OotmVN s"N NNf
holders OF the Atlantic Mail and Steamship Company
Tho Atlantis Mail Steamship Company Cornelius GarT;
Hoatson Frederick Butterfed Charles A Meigs Robert
Ye,yerton spencer X Green and Orlando W salts
dry ycSed and he affidavit Of Cornelius K Garrison thereto
annexed thut sufficient grounds for this odc east ana Ie
hereby order thai the defendants and each Of them do apSo
lucy desst and refrain from acting or claiming 70 act es
Directors OF the Atlantic Mail Steamship Company ana
Of aid COMPANY or in the management OF its affairs aud from
asnsns Garrison James II BANKER Theodosas F. SecOr
and Samuel G. wheeler IT, in the discharge Of their duties as
q this Court-New. York Nov. A. 1906 1910.
Chas A Rapallo Attorney for Plaintiff.
NOTES OF GENERAL TEgA DECISIONS.
Bright ag paper not made good
in the hands OF third party who takes for former bill I'M
less there proof that nkon in payment OF the bill ey
dsnesd by it, surrender Mullen and sutherland j. J unless
Seby OCT SchosTSe amount paid stcnographers
proper disbursement TO be included IN the Dill OF
Sayre ngt Fruser-An order allowing pleading to be
amended nppeaable when the amendment introduced to
tally new cause action defense but not when II Is merely
amendment Switzerland j., Barnard and Cerke D. D.,
cononrriRg. = 80, j. --r
sgrccmena with the Hudson River Railroad CO. that he should
retain compensation costs actually recovered and the Com
entitcS 70 be paid the costs accrued The
Court Justice dissenting hold that he Is not so en-
Tho Psovis sst norrsy-,che imposing tax
e,lS s consent 81 Sc Congress Of the United States
which under he CONSTITUTION has power regulate
commsrc and impose such taxe rePugnant 70 the Cons
tuition and void (3arnard and Clerke, D. j.
SfEcIAL TLRM-Before Mr. Justice POTTER
THE oLYMPfc THEATER sUfr-AR. DCFB MORTAGEE IN
POSSESSION ONLY.
Tbi, cotton the trial Of which occupied almost the entire
sitting the Of June last and then taken into
by the Couthe decision and findings OF which
have lately been title to tho olympic reater
property aud O.her adjoining property on Boadway and
The complaint sets Out that John NJ rimbe the architect
80 laaaaa III
he erood tcater In ls assigned his lease Washington
WbiIrsy and VIM r. Earle foF the purpose Of obtaining
possession property Ginning that the assignment as it
appeared upon it, lace was an absolute sale tothe Imoe
being heavily indebted at that time made assignment IN
January 1857 H. Robert for the tenehof creditors The
r an f99@ IN % sVS G 21SS
what whitney & Earle had advanced to Tmbe, about 5000
After closely contested trial decree entered deear
inc the assignment Of tie lease whitney Earle mortgage
their adv and ordering an accounting 10 be made by
them as 10 the receipts aud relating 70 inc prop
counting ordered the 18th Of neosnbcr 1902 that
@ 81 90 30 % within two months from that date that they
reassgn said lease free and clear OF all nonmbance on their
dismissed
The plaintiff in this action alleges that the assignment
Roberts made delay aud defuud the etedsor OF Tmbe
and that Roberts, fraudulsny conspng with Duff end others
ior purpose deraung the creditors OF Tmbe neglected
redeem the property under the decree and that Dud before
The expiration the time redeem purchased oil the interest
OF Whitney Esre in the property and nov claims 70 hold
per aitiing him redeem said property or he benefit Of the
creditors o. mile and that DUFF render account for all
moneys receives by him from the property.
The defendants claim that this assignment Of Trmbe to
Roberts boua de and aiegshe making % the decree al
lowing RoberstS reecm within two months and deny any
al conspiracy eaud any one saying that the property
heavily iuounbered for more than It's yaae at that time
aud that there panic In tie money market AZ the time
tat every et made by the assignee who applied 70
several parties n raise money uon The propsty IL oe 70
take the deee aud that be unable 10 10 so himself and
unable TO obtain one od9 for him. and shat he Ind
dans all in his power for the benefit Of the t estate and for
TsHbe and bus creditors Dnh alleges that no - me bona
fds OF A property by he assignment from Whitney
Earle and the failure redeem within the ins specified
The decisions the Court does not hnd a any OF the ne
PENDANTS guilty OF fraud n the iransaoton and mat
Earle being bus adudged TO Re mortgage and all The parties
representing tho Interest in having recognized and oy their
acts ntihed hat adjudication the interest the creditors OF
Imbe be extngushed nor their lights 10 redeem for
fitted without public sale % the interest Of the creditors rep
resented hat decree by and with proper notice
them That there being no provision IN t nrst sale
and adjudication therein thai the mortgage was thereby fore
was permitted 10 pay the claim be egsred ony
judicial fixing Of period within which the plaintiff might be
only restriction uran Whitney Eares right the
right OF he assignee during that time 20 ioreoose ths mort
in OF OF his sEUrmance towit tohayehS action
dismissed but Duff having ayaied himself o. the right
have ,ho action dismiss nj in FORM he "a under the eircum
stances his purchase to be deemed - have Na'ecs per
ref rnusc II. ordered % and account al which
defendant duff is TO be allowed the moneys pad ~ h ON
the dece and claims with interest thereon and al nxes as
insurance necessary reasonable repairs with in
es and the OF and interest al such improvements as
have added permanent yae 10 the property and have increased
the rents and income thereof and allowance of ST. per
annu for energy and efficient management Of DE property
and apon coming In OF the report OF the referee may
neudged and decssd that The property be disposed of m
ard by foreclosure otherwise may DO here
directed by this Court The question OF and ell
ohsnqneston except those settled by the conclusions OF law
and OF fact found there are resrIed until the coming IN OF
the referees report.
This decision sfees declares Duff mortgage IN posss-
sien.
ExJudge Allen Levi s Chatsrd and r. G. Ihayer the
Inintf, MessrS jphn Graham K Guernsey Van AntTep
md James for the defendants.
CnANBERS-Beore Justice SUTHERLAND
DECISIONS.
Walter T.. IGwtoa agt David DinkespAA denied
without oeiiher party order 10 be settled
Ind Peru aud G. T. r. Co sgt Thos VI. ryng-Mction for