New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1866-12-08


that when Che store was rclet be received an ioI o
When tho next tenant lethe defendant wished 70
The pisi, now brings suit for the damage inflicted Che
premises by removal The plaintiff also onmsfhst tho
s sSd a.o oy became portion Of
defendant had rh 70 remove them 70 t damage
Jonas NJ Philips. fcE defendant
Before Judge CARDozo.
DECISION.
SchwAr1waelder act. Hansen.-Ordcr grnnt0l
CBcuT-DiC before MIR Justice BARNARD
INDIVIDUAL LIABILIfY OF sTooKHoLDLEs-A PETROLEUM
COMPANY AND IT'S SECRETARY.
Franklin Hoyey agt Ebene1er BeadlestOn.
This action broughiagonst tho defendant q stock
holder Of the Mineral Point Petroleum Coal and
charge him with debt Of the Company due t6te plaintiff
is Secretary and book kcepe the plaintiff having got
Judgment against the Company and issued execution which had
bcea returned unsased Plaintiff seeks charge defendant
with personal liability for the payment W servants wages IN
der the 18th section Of hesac Of the Legislature under winch
the Company Incorporated passed in lSS II appeared
that plaintiff salary fixed At 1000 per annum, upon which
the Company had paid him $40 and the judgment was for the
Defendant denied the contract claimed that the services
actually performed were neisy nominal aud oil no particular
The jury found m plaintiff for $40 a. the amount claimed
and the Cout granted en- allowance Of hye Peg cent ,
sheldon & Brown for Plaintiff Snith Woodward for de-
CnAMBEns-Dso 7-fsciore Mr. Justice ISoRUA&
DECISIONS.
Edward Jaray ct al ngi Moses Strauss granted
payment Of Of defendant and Judgment snd go Tor this
sg Isaac l. Hunt Ct al James Waters at LYDIA > waters
Mor'z iscls Og Goitleih Wake n granted
Henry J. Good agt A. NJ De Observation-Disclosures ordered
Before Mt Justice SUraBaLup.
wREH CAN AN oEDTE TOR TuB DISCOVERY or COMPANY 3
BOOKS AND PAPERS De GRAhTEDf
Nevada Silver Mining UompanyWlliam T. Johnston agt
The Consolidated Silver Mining Company and Thomas r.
This action before reported g TmBUNT brought TO
amt Goad to oan certain d alleged to have been issued
TO oorpo without compensation and to secure Ken to the
plaintiff the mining property of the Company 10 tho extent
OF his claim His complaint set out that he had delivered
to Gould for a nominal consideration. but really aa
agent OF trustee, TO dispose OF them for his
benefit deed OF ten mines in Nevada Vnuod by him $4,000
that Company formed under the above title in New.
York with capital Of ssOoOoOo tho basis Of these and
other mining held by Could that part ef the stock
delivered the copoatos or Consideration part
Could in payment for the mines &C. that tho officers Gould
being Secretary got large salaries that the plaintiff IN pres
OF the officers Of Che Company had convesi ions with
Could which he put of with PROMISES that Gould has
lately gone TO Neyedsthout settling the Painlh claim
knowing the cNuct position OF the Company toward
Gould he has asked inspection OF the books and papers
relating TO sale Of this property bat hes been denied
In aid Of hissm he prayed suc inspection and made
ton for such discovery some daystgo.
1t was concnded the defendants thai made
Gond ater searco the title which did not fvyvnrtho plain
rey exuaneous to the Company and that would 10 dan
precedent productive often Of much harm g allow on
defendant contendcd that the action IN the nature Of
bill OF dscovery that Wiiho, having personal claim against
the Company such connection shown gave e plaintiff
right 10 an examination discover whether thcsCompany
was pvy to the fraud alleged aud wbches injunction aud
ins in Their hands ir Gonlis IcneGt in Golds name
Mr. Justice Sutherland has decided that The rlanlih Is enti-
lieGorc Mr. Justice MsSoN
SUIT AGAINST CITY RAILROAD CO. FoR ALLEGED Loss or
A LIZA QUESTION OF MEDICAL JUKIsPBCDENCB.
Caroline ReKford ogt The Broadway and Sevcnthavc Rail
road Co.
Plaintiff sues defendant oF s0C0o for injuries which she al
eges she received through the negligence Of the conductor OF
27th OF June 1865 The suit in August 1855
and the original complaint simply claimed damages io injuries
fined her to he hou1 lHGOctor OF the her leg
was amPuoted by Surgeon NJ Carnoehap and the claim
consequently ineTcaed the amount
sued for The original answer general denial but sub
cquenty defense was made TO the effect that TIE loss
injuries received mud that those injuries ddnoi either
directly indirectly contribute to cause such osa seems
that at the time alleged iBuies Sustained the Con
duCtor thought the matter 50 trivial that he made no mention
Of TO the officers Of the company ..r,.,,
catche and he'd to be supported 70 the witness sfand eI
We WIS married; was e years Old resided in greenwich ave
Twelhs and then gave The following account OF the
accident On the morning OF the nth Of June lsoj started
physcensh in Twenty secondst NY little gill ne
years old accompanied TO tie carr hailed the ear the
Conductor aud driver both being The front PLATFORM
stoned and willie getting the platform sthrtcd
and thrown down striking my knee against he step OF
tie car OF the cobbestones then caught hold the dash
board dragged along sveu feet before The stopped
when gentlemen out Of The car and1heped nc INTO
at the tine fell called out "For Gods sake stop
that car aud il stopped was confined 70 house.
all the the OF the accident until my LEG
ampuated and 70 ny bed most OF the time and suffered
pan my whole system being deTangd and the agony
my right knee intense before the accident
cripple using crutches account Of aneuagc or
rheumatic affection
ExRceorder james NJ smith remarked tia, the injuries sus
tanned by plaintiff by this accident trivial and that the
ampufa0n caused either by the rheumatic neuralgia NJ
ieeton under which plainh suffering or probably
by white swelling and that in sny the slight injuries
sustained only the most hasteed amputaon that the
pTe-eXistiug causes neeessitcted,
Witness her examination testified that SIZE
told that she had white swelling she treated for
that complaint hut admitted that in being treated for the
plant had before the accident her physician told her
that complaint but subjected her 20 what Is tech
nicey called the extension treatment The feature IN which
consisted IN the limb being stretched BY means OF cord and
pulley that after being under this treatment for time she
discharged her physician believing herself cured and that she
only used cuces aterwoTd account Of her leg being weak
and before the accident expected Using them
DR. Carnochan being called witness testified that lie did
distinctly ecoect The particulars cOnceTnngSthe ampuia
ton Of plaintiff leg that was possible and sometimes dd
happen that injury part when disease dormant
cited renewed activity and aggravated H but
phat quite possible the injury requiring the amputaton
might have been wholly OccGsoncd by The fall Of plaintiff
Other medical testimony taken but nothing importance
bearing upon the actual cause Of the loss Of plaintiffs lee
elected. Case still on.
Piper Foster and GTenyle T. jerks ior plaintiff; Robin
Scribner and Recorder James NJ Smith oT defend
ants.