New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1866-12-17

he, @ XII ommjssons 10 their entries and that they
b0nd hy the value they themselves presented al me
House Counsel for plaintiffs on the contrary eoheaeu iha
thew were compelled 10 add these costs and commissions 10 her
entries the Custom House or Otherwise nom me pafce
then prevailing the entries would pof have been received
Judge sneley viii chorse the jury TO day ana 'onSu WI"
present THEN briefs
SUPREME COURT-GENERN Tfs't--nrc l5--Before jus
ices BARNARD. SUTHERLAND, sHd CLEtkf:
Tbs BATTERY ENLARGRMfNT-GBoRGE LAWS BILL ~
BE PAID
George Law agt. The Mayor, &c.
contract was made on the 18th of November, 1852,
h, n the Corporation Of ork by John T. Dodge Street
Commssoner aud Henry Conkn for the work Of the Battery
enlargement under resolution OF The Common Conno Pseo
Board Appropriations from time 10 time made by ne
Common Council in 1888 1884 and lsJ for payments on the
work which sanctioned by the YAK laws OF 1913 chap -
of s chap 26} md OF lejj chap M under which pay mems
20 the omot Of $40 900 were made during these ye" ID
January ISIS the work stopped by ordinance ,.
In s6i April George Law, claiming as assignee q two
thirds Of the contract and by virtue Of power conPed WIN
INTEREST," TO the other one thru presented 70 e
troe ss required by tbe Act of 1890 chap 5 his claim OF
1888 80 ior work done about me loe Gnu s rs COM y
breach Of the contract Tins not being response 70 LIZ v
mencei suit May is6l and issue was Joined ~
CO. s o is Io3 H y ESD referee 10 hear and deter.
mine on the ground that involved the examination Of long
I IL sq aniSoriSing he Controller to settle and adjust
the claim. Various negotiations for settlement Of Tie ea0
while the reference was pending and after considerable
proof bad bee0 taken the Corporation Counsel ID he lSe
part OF 1862 upon the suggestion and WIN se "a
the Controller, made proposition IN wiring 70 aulus anu
settle the claim BY allowing the amount claimed o M1A zone
plaintiff counsel and report in accordance WIN the snpaa
ton made by TIE referee by when me Nhoe so Vi
the for work done under the contract NJ contract prices
Notice OF application for Judgment was given to Mr. 0Gor
man in pursuance the Act 81 1863 add The new e . th
Court end the entry Of judgment was "defea ny Juoge
motion was made before Judge Clerkei To sei aside
Judgment 10 yacaie and annnl the stipulation sgoed
ne reee and tie order That the be set
down for trial before Jury or another referee ,
Z ton Counsel are;
laOn directing having been passed by one Board one e and
BY ths other Board m labsequsni year. , - IT,,
within the time prescribed vhs contract were untrue o. with
TSS That ysdo6. isss question, arose; l. the legality Of
The a. Az, A. 90 P;s: ought Be- oos And lastly
& IN case 20 y,rSs9eea Oy I'D sd.ns S % con- bl. Sy
ao Sss 1Ssy i' o Ss ste who Saied
a asked and ordered the placed on The calendar Tor '
From his order the plaintiff appealed The appeal
sued last before tho Justices above named and yester
Jay the Court rendered the following:
OPnON By BNNAKD. IL can md no principle OF law 20
sustain the order iasd at Special IeQ IL not questioned
bur that the plaintiff had done work under The contract with
the city m the enlargement u the Battery which At The con
tract with the interest added from the time when the
work sboad have been paid FOR equal 10 the Judgment IL
i true that the contract was not performed but the city mAy
rescnd entire contract may waive full performance
and pay fo the work actually done The city also would be
legally liable for the contract price OF me WORK done ana or
damages IN The nonperiormsnoe OF the contract vas oc
casOled 10y its act The action is brought upon this alleged
fact The papers disclose report OF committee OF me
Common Council Of NewYoik upon the work going very far
the time for b. argument 0f this question is passed
Council authorized the Controller settle
Inc Corporation Counsel by authority Of the Controller al
lowed the plaintiffs claim for work actually done at contract
prices Tue plaintiff abandoned his claim for damages ard
sisO his claim the materials 10 the old Battery wall The
referee upon the agreement OF the parties nado his Iepotn
accordance with this argument snd judgment ordered by
Justice Sutherland upon notice required by the law OF 1908
There Is no Ieguariy eere rs no iTsgd there no eoln
- tins eabshed has passed into judgment and il is pro.
10 sgfa
Corporation Counsel believes better result could be OBJ
sinod bY continuing the litigation 20 the end IN the Courts
The city cannot avoid ssitlemeu, fairly made with The plain
me order should be reversel with costs.
sutherland J., concuTred Cerke j. di.sented MA.
Besas sl i d asa sad epopSen RchSld oGomSS
Corporation Counsel and John L Burrlll
E9q' Justices DA.SAHs ckEnkr and s'H4HAA
sUpEsf6n coUTr-Cn,uBrRs i5-B Before Ju,lce
MONELL~
THR LOTTERY POLICY BUSISRss-ATPIDAviTs OF A
VICTIM AND OF AN ALLEGED AGEST-THB con-
GRESHAM FROM THE SIXTH DISTRICT ONE oP
THg DEPENDANTs-0 OF ARREST AGAINST
ALL THE DgFENDASTS-ARRBsT or THE PARTIEs.
Odel sgt. Monis.ey and others
The following a1jdaYlts aud order tell their own
Ss.si B. oasl az, John Mouiey John A. Morris. wil'm c.
fs Ss' G, s bd T. Reed stni,aia woo5 Jsesb
Bsa,,i, JOIN aeGss. Anioao Nathan, william Ward William
Crs.. T. " Hulss md O.esr a..
. Ss ass t rsds d the Cy Of ao ms
luse P.s'' q, 9oole u West near pc
ts nv VI Ns-y.i ork !srke number uiug
hieA money .ed upon the dSas u Of certain
bsi ieisndsnt, lous hms pst kep maintained
gambling embellishments and have thereby Of
money! ta s headquarters at Nos 80 snd eH bToadway in
All his Ssponeat say within two year, past city,
Is ,st. tst Of sid I.a seoo ,.ss iost 10 i5s
oi, stop {e Nv i,ob ssvet ;, So IlO Wshineion In ia
seventh aid 5000 the policy Kept by A. r.
Nshosoa no 98 Vsssy I'D No a Deys said city, $1,000
Ia ooiev op ksps by one Nathan Of No 0 Broadway m aid
ba Il sd III ssOOo re policy shop Kept BY Iuiss
said ety and that sad BAuYei. Mc0ee, Nicholson
Esn Ward Can Hg.s are sS lgsnis AID employees Of
y. L. Bguch Heed aud
Aa5 s. deeossst ays st IL used md believes sBi here
fore that IN the state kenncky snd during the period
Which covers .grs.d losses o. this dPoneni have been two
sh5y College Lottery Of Ksnat and that said otteies daring
asnssi coalrois a. tInipsed snd by
iss3at, osmsi ia u. e to This SETON that said 10 frat
dsss so4 shd yspded this city lottery policies puporag
soVsrosd b. drawing Lotteries and feaded
sad May s ssd bys aud books d oher doca
purpose enabling aid lat named doiendau
years lave procured by such vending lottery
policies this sspOus1 is asPobsa 81 900 and yl't
o. ey ron oths IN direct yo'i'n % Tie siape Of Ne"ioa
which e,aois aid scs 70 b. fsogiss
Ills dsp0nsl that said lottery policies sold snd vended
p. that asy prpor 70 b. decided BY tie drawing said lotteries
n W Seventy eight nanOsrs are Ptce1 IN TIE wheel nom
wscL - the policy slips contain the
player be drawn the bets sometimes being
to heoT3sf 81 tie twng and sometimes merely that they VIII
be such bets being sappoed by the player and epesenedby
tho dseDdu made before receipt " The drawings aud the
dsVag being represented 70 BE- hoao and TAR And this sPonen
and thereby them sOo within ,hs Yeas
cad that sad purchases sad made hm tine me during
merit u aid gm between s ponen sud said Defendants said
defendants rprssentsd and this bevet hst said gambling
conducted on the part Of said defendants AIRY m tenn. vel
uudeO0t the Inst the drawings By which said policy