New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1866-03-21

pre.es leased de'eudsn n could be done, would nvoye
srge expense which would be yaueess a. tue end Of PLAIN
tiff term; aud beside he would during said term oe the Use
Of the other portions Of said premises.
some very imposn legal questions involved in this
case such s ought not be determined motion and Ia
the disposition oft shall avoid far possible deciding any
questions Of fact or law not material to decision OF ts
ton which would tend ebarrass either parry On tue Al
OF this action.
Injunction orders granted In every even when
the nti brings himself within the statute authorizing an
allowance They should always be issued win cant0h "a
all regard should b. had the nature and extent OF e
injury which the plaintiff would suher the ofGef a.
held to the consequences defendant should he
order be granted ll9 Bart 81: 10 Horn x"Jl 20 81
ton order retroactive effect and should BE- allowed
withheld upon the acts they exist at the tine Of TIC aP
cation. (l2 Abb, III. .
In this view deem Z proper TO withhold the Injunction
order in this case even were 1t conceded that the pan LAO
good Of action for damages Tor breach OF the cove
nauts Of his lease because all the Injuries that can possibly
arise to paina be computed and compensated IN Gam
ges while such would not be defeu dan were he re-
strained from proceeding with hi, rebuilding.
FOR these the motion for an nj Junction denied
H. Byrue for motion; +. Deahed Smith aud ex-Judge
Before Justice BARNARD.
TIE COLUMBIAN INSURAS L BECEIVERSHfP.
To-day the argument Of the motion for the re-
movsl Of Mr. Morrison and Nh Leingwe, as receivers Of
the Columbian Insurance Company, was brought on. .
Mr. Lerocque for the notion argued that the counter p
ton nc. TO- that Of the amounts were MED
up pencil and hence shoud not bear much weight One
removing Nh Morrison that appeared
that while they issuing new stock OF the company
par they purchasing STOCK o. the Company om ~
TO ~ per cent premium "lth the inhds OF De topany
thus making the directors and officers OF the Company
should be independent IN order 70 enforce tins personal ab
iy. Mr. Lefi cwe though there personal otjec
non 70 niu y % no, spca prison. o~'ns ,d on ,b
nomination Mr.. Bedeu intimate connection OF Mr. hsr
beck Of the directors who would be 80 liable That the
objection that more than one receiver would oauce lrd
coausels of great validity ute possibly snse re-
cever appointed by directors would have Immunity in
shielding the directors from such soiny Ihen as 10 *
penss The expense limited by law 70 the sane amount
paid to executors and sdmnis'rator hence there
could be increase IN the expense They were pTecty vi"
ing that Mr. Lengwe should continue receiver bat not sole
receiver Detached the influence Of tie directors there
Mr. Wits use had been suggested; he had say his
behalf that Mr. Wit would Infinitely prefer not 20 be ep
pointed but would the duties Of receiver they Were
imposed on him.
Sir Field opposition did propose to extend his re-
but Nh Lsfooque had yesterday into history
Of the surnise. charging his (Feds thee clients
with COLLISION he would stale that there none that hsy
owned hundreds thousands Of shares Of the stock Of the
Company aud had not od share They were entirely igno
unfit day two before tie failure Of 81 inp-ndency
He had presented the paper. Judge Sutherland and Judge
Sutherland without word Of from him. bal
summoned MIR Curtis and Mr Curtis, assent had named
him recever Mr. Curtis very slightly known to counsel
bot be had desired bis continuance IN the ohce in order that
the should be the nominee Of party that Nh
Curss charge OF opinion he lad presented petition from
ell the directors e1eep: Mr. Harteek for Mr. Morrsons sp
ponimsnt
Sir Larocaue said thst no single voice be heard and
also says liabilities of The Company three times its
assets IL follows that the stockholders have no interest
Now OIL the petitions presented by him after detucns the II
Bostor cedors who lad recanted Mr. Lorocque had bat
eve amb single CREDITOR and he 80 uncertain o. ne
Of his claim, be had not stated the amount II his
snge voice were to be heard then Mr.. Whitney, large
creditor might insist on bis sons nomination. and so with
o.h.rs Now he presented on behalf Of Mr. Leflngwel
s46OO 81 creditors here and 100000 from Boston
Mr. eugwe bad given his entire time since he appoint
meut and had succeeded h. Organizing the process Of qud
ton and doing toward carry It out. The Petitioners
division Of couuse the creditors whom the op
poe counsel 80 anxious TO protect As to expense. ne
would only remind the Court that each receiver entitled
T. his commissions et per cent
The Cour, would NOT remove receiver ercep, on very
strong grounds AT the accusafors made against hr
Horizon now AGAINST Mr. Leiugwel. Mr.. Higgins in
agent stated that he had daring the past year insured
with abe Company 10 extent Of over S2JOtO and bad
VI claims f0T bis Giants against the Company
That originally his firm bad been opposed to the appointment
OF NJ Lefngye but thinking T. biz duty 20 his Chants be
rad watched closely BIS como ara was quite ssAei VII
H. That be had most not s OF the creditors ana De
ved they AGREED with him in desiring the continuance OF
Mr L,ugwe receiver and depfecaiing the expense o..
o. additional receiver.
Mr. Whitney on behalf OF the foston creditors s'sea ia
they had originally thought eceivTshp Tue cLel
Of tie Conpsny-uudeT whose authority TIE company
bad % rapidly dowu-Inus be that In
committee had come on and on inquiry hndng tai Mi;
Morrison had resigned and the way IN which M beihng" e.
tho petitioners bad Withdrawn their original pesou, and Pc
oned his contnuanc itwaspossDs that uDger
circumstances the .oethoder. might be liable The otec'
pied equally 20 Sir Mott, who .toekho.deE.
Mr. Larocqle replied At some length
The Court '''A M Before spspi Justice JAxss
DECISIONS
Calvin Witty agt. Edward Matthews.-Motion
Before Justice BARNARD.
Louis =. Fontaine agt. Joseph Haydock.-Mo-
August Noel e, al sgt Richard Kins.and,O;iOn granted
fine OF . zoo imposed.
stephen Sherlock sst Charles A. Lamon,.-Motion
Tr4uci. W. Cooper ugi. Stephen Psul,MoaOn denied
Ambrose al ss Benz. Prngle a cases-Motions
T. p Falcr act Benz Armstrong; John McKe'sOn ct a.
act j. K Pierson.-Mouou granted -
Henry Schubart ag, Julius J. Mayer ct a.; Michael Hal
laran ast. Patrick HAllaran.-Orters granted
Horace B. C!ahin ct a. ast John j. boHsnn'-'aon &C.
MED.
Jai. Galley sg,. Robert Lewin-Mo.ion granted.
Geo. W c. Nixon ct a. ast Chas H. Human, e.a-Order
granted.
COURT OF coAMoNPLEAscsRHcaI TrRA-MAHcH 20
DECISIONS.
Dwight H. Lewis agt. Philettis Stephens.-See
lawrence smith ss. Jane. Frecle-Leuve to amend on
Isaac I. Meter ssi George J. Moore Order granted.
Charles oCOnnor ag The Mayor, &c. aud Lewis CaPen'
Cahsrne sraal ct al. as, Joseph Gutweier.see opinion
Wm. Graham ag, Robert H. Bleakie and Geo J. Carey
TEIAL TERM-MARcn 2O.-Before Judge BRADY
GOLD FLUCTUATIONS.
Magnus agt. Ames
This was suit for gold premiums IN arathernew
form given Tor the purchase OF certain bnsie'
based gold a. premium OF A.. WITH as psnth claimed
verbal agreement that when the notes nauIed the Inference
Of the then premium should be paid or allowed Toe notes
fell due In 4 the premium in gold was near its high
81 and fr h. addito premium tins SUIT is brought The
answer d,uie. any agreement for additional premiums
Ihs drfense nousu. the ground that such
contract void against public policy as gaming con
tract and being attempt to prove by psro contract
which hond have in writing under the statute OF frauds
The Court over uei the motion and the case went to Tie
Jury, who gave a verdict for defendant
MT. Nichols Tor plaintiff Mr.. shaier Tor defendant
SUPERIOR COURT-SPEcIAL TEKM-MARcH 20.-Before
Justice BARBOUR
DECISIONS.
Augustus W. Surs agt Charles Dellinger.--Mo-
Georg. lhompson sst. Henry Knickerboeker - Motion
grnu,ed. -, - n, ,,,;. ..,.s
I.mblin Babcoek at. William HermBnce - Motion
grsnird on terms and down or Trial FOR March ~